IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32948 of 2008(V) --------------------------------------- PETITIONER(S): ----------------------- M.ABUBAKKAR, PREVENTIVE OFFICER, EXCISE CHECK POST, WALAYAR, PALAKKAD DISTRICT. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION (G) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CONTROLLER OF EXAMINATIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EXCISE COMMISSIONER, PALAKKAD. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) No. 32948 of 2008 ----------------------------- Dated this 10th day of November, 2008 J U D G M E N T The petitioner is a Preventive Officer. His date of birth as entered in the service book is 26-2-1956. He accordingly has to retire from service on 28-2-2011. The petitioner’s grievance is that though at the time of admission in Std.I his date of birth was rightly entered as 26-8-1956, when he joined another School in the year 1967 in Std.V, the date of birth was wrongly given as 26-2-1956. The petitioner submits that the said mistake was carried over and went unnoticed till recently. The petitioner submits that he could not therefore, move the Commissioner of Government Examinations to correct the date of birth in the school records in time. Since the application was beyond the time limit stipulated in Rule 3 of Chapter VI of the Kerala Education Rules, the petitioner moved the Government to condone the delay in moving the Commissioner of Government Examinations. That request was declined by Ext.P9 letter dated 30-8-2008. In this writ petition the petitioner challenges Ext.P9 and prays for the following W.P.(C) No. 32948 of 2008 2 reliefs:- i)call for the records leading to the issue of Ext.P9 by the first respondent and quash the same by the issue of a writ of certiorari of other appropriate writ, order or direction; ii)issue a writ in the nature of mandamus directing the first respondent to condone the delay in making application for correction of date of birth in the school records as per Ext.P8 application; iii)issue a writ in the nature of mandamus directing the third respondent to make concomitant changes in the service records of the petitioner dependant on the correction in the S.S.L.C. certificate; 2. I have considered the submissions made at the Bar by Sri.V.Chitambaresh, the learned Senior Advocate appearing for the petitioner. The learned counsel contends relying on Ext.P2 that the mistaken entry in Ext.P1 extract of the admission register cannot be held out against the petitioner. The learned counsel submits that on the peculiar facts of the case, the Government may be directed to condone the delay in moving the Commissioner of Government Examinations for correction of the petitioner's date of birth in the school records. 3. The petitioner who is a Government servant, is seeking correction of his date of birth in the school records with a W.P.(C) No. 32948 of 2008 3 view to enable him to move the Government for correction of the date of birth in the service records. The petitioner admittedly entered service long back. The guidelines governing correction of date of birth in the service records were issued in G.O.(P) No.45/91 P&ARD dated 30-12-1991. By the said Government Order, it was stipulated that applications for correction of the date of birth in the service records will have to be made after the school records are corrected, within 5 years from the date of entry in the service. In the case of Government employees already in service, the time limit stipulated was a period of one year from the date of issue of the said Government order. Paragraph 5 of the Government order dated 30-12-1991 stipulates that applications for condonation of delay and for entertaining of applications in relaxation of the condition regarding time limit will be summarily rejected. 4. It is not in dispute that the petitioner has not applied for correction of the date of birth in the service records within the time stipulated in the Government order dated 30-12-1991. The petitioner has now chosen to seek the date of birth in the school records corrected. Since the W.P.(C) No. 32948 of 2008 4 petitioner cannot, even if the Commissioner of Government Examinations permits correction of the date of birth in the school records, now apply for correction of the date of birth in the service records. In other words, if the petitioner's date of birth is corrected in the school records, it would not enable him to seek or obtain correction of the date of birth in the service records. Further even if the petitioner's date of birth is taken as 26-8-1956, he cannot now seek condonation of delay in moving the Commissioner of Government Examinations in view of the Note to sub-rule (1A) of Rule 3 of chapter VI of the Kerala Education Rules. Since the petitioner has crossed 50 years of age, the Government cannot condone the delay in moving the Commissioner of Government Examinations. Such being the situation, no relief can be granted to the petitioner. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE bps