IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 2930 of 2011(M) ------------------------- PETITIONER: --------------- NANNANAN ATAVALATH, S/O.VELLOTH GOVINDAN, AGED 55 YEARS, BRANCH MANAGER, PONNAIYAM SERVICE CO-OPERATIVE BANK LTD PONNIYAM POST, (VIA)THALASSERY, KANNUR DIST BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): ------------------ 1. THE STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, POOJAPPURA, THIRUVANANTHAPURAM-695012 3. THE PRESIDENT, PONNIYAM SERVICE CO-OP.BANK LTD, PONNIYAM POST, (VIA)THALASSERY, KANNUR DISTRICT-670641 BY GOVT.PLEADER SMT.M.T.SHEEBA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.2930/11 PETITIONER'S EXTS: EXT.P1: COPY OF BIRTH CERTIFICATE OF THE PETITIONER DT.20.12.02. EXT.P2: COY OF RELEVANT PAGE OF THE SSLC BOOK OF THE PETITIONER DT.NIL. EXT.P3: COPY OF EXTRACT OF THE ADMISSION REGISTER DT.6.11.10. EXT.P4: COPY OF APPLICATION OF THE PETITIONER FOR CORRECTION OF DATE OF BIRTH DT.8.9.99. EXT.P5: COPY OF ORDER NO.K.DIS. EX.B2/13147/1999/CGE OF THE 2ND RESPONDENT DT.2.5.02. EXT.P6: COPY OF APPEAL FILED BEFORE THE GOVERNMENT DT.24.6.02. EXT.P7: COPY OF JUDGMENT OF THIS COURT IN WPC.9883/06 DT.31.3.06 EXT.P8: COPY OF GO(RT)NO.4498/02/G.EDN. OF THE GOVERNMENT DT.20.12.02. EXT.P9: COPY OF JUDGMENT OF THIS COURT IN WPC.32361/07 DT.20.3.09 EXT.P10: COPY OF GO(RT)NO.3810/09/G.EDN. OF THE GOVERNMENT DT.10.9.09. EXT.P11: COPY OF JUDGMENT OF THIS COURT IN WPC.4205/10 DT.4.10.10. EXT.P12: COPY OF NON-AVAILABILITY CERTIFICATE DT.14.2.06 EXT.P12(A): COPY OF CERTIFICATE ISSUED BY THE KADIRUR VILLAGE PANCHAYAT. EXT.P12(B): COPY OF ADMISSION EXTRACT OF RAGHAVAN EDAVALATH DT.22.6.2000 EXT.R2(C): COPY OF ADMISSION EXTRACT OF SANTHA EDAVALATH DT.16.1.09. EXT.P13: COPY OF ORDER NO.K.DIS.EX/B2/58133/2010/CGE OF THE 2ND RESPONDENT DT.20.12.10. RESPONDENTS' EXTS: EXT.R2(A): COPY OF GOVERNMENT ORDER NO.GO(RT)NO.853/2011/G.EDN. DT.1.3.11. EXT.R2(B): COPY OF GOVERNMENT ORDER GO(RT)NO.2281/11/G.EDN. DT.18.6.11. TRUE COPY dsn P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------ W.P.(C).No.2930 OF 2011 ------------------------------------ DATED THIS THE 4th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner challenges the order passed by the 2nd respondent-Commissioner for Government Examinations as per Exhibit P13 whereby the request to correct the date of birth from 5.1.1953 to 4.1.1955 in the Secondary School Leaving Certificate is not allowed for various reasons. 2. The respondents have filed a counter affidavit. 3. The learned counsel for the petitioner had produced Exhibit P1 birth certificate of the petitioner. It is submitted that Exhibit R2(b), which is a recent Government Order will show that correction can be allowed based on the birth certificate itself. 4. The learned Government Pleader submitted that the petitioner could not produce materials for comparative assessment of the dates of birth of his brothers and sisters. 5. The order Exhibit P13 is passed by the Commissioner for Government Examinations. As the petitioner has got a remedy to approach the Government itself against Exhibit P13, W.P.(C).No.2930/11 -2- he can rely upon Exhibit R2(b), when an appropriate appeal is filed. 6. The Writ Petition was admitted on 28.1.2011. If an appeal is filed within a period of three weeks along with a copy of this judgment, the same will be considered by the Government and appropriate orders will be passed within a further period of five months. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn