IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 1998 of 2010(Y) ------------------------------------ PETITIONER(S): ------------------------- V.G.RADHAMANI,HEAD CLERK,KODUMON GRAMA PANCHAYATH,PATHANAMTHITTA DISTRICT,RESIDING AT POWATH MEMURIYIL,MANGIRAM.P.O, PATHANAMTHITTA DISTRICT. BY ADVS. MR.THOMAS ABRAHAM MR.DIPU.R SMT.MERCIAMMA MATHEW MR.K.S.HARIDAS MR.V.RENJITH KUMAR RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY,PARIKSHA BHAVAN,POOJAPURA, TRIVANDRUM. 3. DIRECTOR OF PANCHAYATS,GOVERNMENT OF KERALA,TRIVANDRUM. 4. SECRETARY,KODUMAN GRAMA PANCHAYATH, ADOOR,PATHANAMTHITTA DISTRICT. BY GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J ----------------------- W.P.(C). No.1998 of 2010 ------------------------------- Dated this the 28th day of January, 2010 J U D G M E N T The petitioner challenges Ext.P2 order of the Government of Kerala whereby the Government have rejected the application filed by the petitioner for condoning the delay in filing application for correction of the date of birth of the petitioner in her S.S.L.C Book. The petitioner claims that the petitioner's actual date of birth is 30.01.1956 as evidenced by Ext.P3 birth certificate. In her SSLC book the date of birth is entered as 25.10.1954. Therefore the petitioner filed application dated 29.09.2009 for correction of date of birth and condonation of delay in filing the application. The representation to condone delay was rejected by Ext.P2 order, on the ground that such application should have been filed before completion of 50 years of age as per the entry in the SSLC book, which is sought to be corrected. The petitioner challenges that order in this writ petition. W.P.(C). No.1998/2010 2 The provision for correction of date of birth in the SSLC book is contained in Rule 3 of Chapter VI of the Kerala Education Rules. Sub rule 1(A) thereof prescribes a time limit 15 years from the date of leaving school or the date of appearing for the SSLC examination for the last time which ever is earlier for entertaining requests for correction of date of birth in school records. The note to the said sub rule provides for condonation of delay in making such application for correction of date of birth in the school records in deserving cases, on merits. But such power is restricted and for such condonation the applicant should be within 50 years of age as per the original entry in the school records. Admittedly, at the time of application, the petitioner was beyond 50 years of age. That being so, I do not find any ground for interfering with Ext.P2 order rejecting the application to condone delay as one filed beyond the condonable limit. Accordingly this writ petition is dismissed. S. SIRI JAGAN, JUDGE. sou.