IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 32361 of 2007(C) -------------------------- PETITIONER(S): --------------- NANDANAN ATAVALATH, S/O.VELLOTH GOVINDAN ATAVILATH HOUSE, PONNIAM PO, THALASSERY KANNUR DISTRICT. BY ADV. SRI.T.A.RAMADASAN SMT.G.KRISHNAKUMARI SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. PRINCIPAL SECRETARY GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPPURA, THIRUVANANTHAPURAM-12. GOVERNMENT PLEADER FOR R1& R2 SRI T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32361/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRU COPY OF THE APPLICATION FILED BY THE PETITNR BEFOR THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 2/5/2002. EXT.P3 TRUE COPY OF THE APPEAL PETITION FILED BY THE PETITIONER TO THE IST RESPONDENT DTD. 24/6/2002. EXT.P4 TRUE COPY OF HE JUDGMENT IN W.P.(C).9883/06 OF THIS COURT. EXT.P5 TRUE COPY OF THE LETTR SENT BY THE PETIIONER TO THE IST RESPONDENT DTD. 16/4/2006. EXT.P6 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE IST RESPONDENT DTD. 28/8/06. EXT.P7 TRUE COPY OF HE ORDER OF THE GOVERNMENT DTD. 20/12/2002. EXT.P7A TRUE COPY OF THE LETTER SENT BY THE GOVERNMENT DTD. 10/10/2006. EXT.P7B TRUE COPY OF THE LETTER SENT BY THE GOVERNMENT TO THE PETITIONER DTD. 17/6/2006. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.32361 OF 2007 ---------------------------- DATED THIS THE 20TH DAY OF MARCH, 2009 JUDGMENT Petitioner, who is now working as Branch Manager in Ponniam Service Co-operative Bank Ltd., submitted an application to the Commissioner for Government Examinations for correction of his date of birth. According to him, he was born on 4/1/1955. But his date of birth was wrongly entered as 5/1/1953. Petitioner requested the lst respondent to correct his date of birth in accordance with the entry in the register of births and deaths. Ext.P2 is the order passed by the Commissioner rejecting the request. In the appeal preferred against Ext.P2 order, the Government passed Ext.P7 order confirming the order passed by the Commissioner declining his request to correct his date of birth. Ext.P1(5) is the birth certificate issued by the local authority. Petitioner's birth was registered on 6/1/1955, after two days of his birth. The date of birth was noted as 4/1/1955. The -2- W.P.(C).No.32361/2007 learned counsel for the petitioner submitted that the Government ought to have considered the matter in the light of Ext.P1(5) birth certificate and Ext.P1(4), which is the copy of the 3rd page of the S.S.L.C. Book. He pointed out that at the time when he was studying in the 10th standard, his age is below 17. If the date of birth is taken as 5/1/1953, his age would be above 19 years. He also pointed out that this is another circumstances for correction of the date of birth. But the Government did not go into this aspect and passed Ext.P7 order stating the reasons which are not sustainable for rejection of the application for correction of the date of birth. 2. According to the petitioner, the entire facts and circumstances shall be taken into consideration. The very fact that his parents are illiterate and hailing from a remote village also should have been taken into consideration. . There is a chance of small children aged 3 to 4 and 4 to 5 attending classes in schools. I cannot rule out the chance of the petitioner being -3- W.P.(C).No.32361/2007 admitted in a school at the age of about 4 years, if his date of birth is worked out as 4/1/1955. The learned counsel also submitted that the Government had taken into consideration certain matters which are not relevant for consideration. It is submitted that the age is not correctly shown and therefore that should not have been the criteria for finding that no correction is needed and the non-production of certificate of other members of the family shall not also be taken as a ground for declining the request of the petitioner. 3. In the facts and circumstances of the case, I am of the view that the matter requires re-consideration by the Appellate Authority, namely, the Government. In the circumstances, I direct the Government to re-consider the matter afresh in the light of Ext.P1(4) and P1(5) and the attendant circumstances and dispose of the same, after affording an opportunity of being heard to the petitioner, within a period of four months from the date of receipt of a copy of this judgment. -4- W.P.(C).No.32361/2007 5. Petitioner is at liberty to produce additional evidence if any, before the Government to prove that his date of birth is 4/1/1955. Petitioner shall produce a copy of this judgment before the Government within two weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -5- W.P.(C).No.32361/2007