IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4772 of 2011(V) -------------------------------------- PETITIONER(S): ----------------------- PRAMEELA, W/O.RAJEEVAN.T., AGED 36 YEARS THEKKAYIL, AVIDANALLOOR P.O., NADUVANNUR, KOZHIKODE. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): -------------------------- 1. THE SECRETARY, GENERAL EDUCATION DEPARTMENT. 2. THE COMMISSIONER FOR GOVT.AND OTHER PUBLIC EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPURA, THIRUVANANTHAPURAM-695 012 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM.PIN- 695 021 R1 & R2 BY GOVERNMENT PLEADER SMT.NISHA BOSE R3 BY ADV.SRI. ALEXANDER THOMAS, SC FOR PSC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4772/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of February, 2011 J U D G M E N T The petitioner is aggrieved by the rejection of the application for correction of date of birth and the petition to condone the delay in the matter, by the Government as per Ext.P7 order. 2. The reason stated in Ext.P7 is that if the application for correction of date of birth in S.S.L.C book is allowed then the petitioner will not be completing 5 years as on the date of admission in Class-I. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents. The legality of a similar objection was considered by this Court in the light of the statutory scheme in Chandrika v. State of Kerala [2010 (1) KLT 223]. This Court examined the question in the light of the earlier decision of this Court in K.K. Nandakumaran v. Joint Commissioner for Government Examinations, Trivandrum W.P.(C). No.4772/2011 -:2:- [1976 KLN page 178 C.No.158] and, finally, in paragraph (17) it was held thus:- “17. It is not the law that when a person's date of birth is allowed to be corrected, the advantage obtained by the said person based on the irregular entry, has to be forfeited. What is provided under the relevant rule is an opportunity to correct the date of birth in the school records on the basis of cogent materials which, if accepted, would lead to the conclusion that the original entry has to be corrected. Going by R.3 of Chap.VI K.E.R. a facility has been provided to correct the date of birth in the Admission Register and sub-r.(1A) also provides for a facility for correcting the date of birth in school records by the Commissioner of Government Examinations. Sub-r.(2) of R.3 is important. It provides that “if the authority referred to in sub-r.(1) is satisfied after necessary enquiries that the change applied for could be granted, he will issue an order to make the alteration........” Therefore, the enquiry is confined to the question whether the original entry requires alteration, in the light of the materials made available by the applicant. If the applicant can conclusively prove that the original entry does not tally with the correct W.P.(C). No.4772/2011 -:3:- date of birth, based on sufficient materials, power is given to the authority to order an alteration. It is not the law, therefore, that the advantage obtained by the irregular entry, if at all anything is there, will be detrimental to the applicant. The prohibition contained in R.5 of Chap.VI have to be understood in the light of the above fact.” The said Judgment has become final and the Writ Appeal filed against the same has been dismissed and the S.L.P also has been dismissed later. In the light of the above, the reasoning adopted in Ext.P7 cannot be supported. Therefore, Ext.P7 is quashed. There will be a direction to the second respondent to consider the application for condonation of delay in filing the application for correction of date of birth and appropriate orders will be passed on merits of the application within a period of three months. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE