IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 WP(C).No. 3124 of 2008(V) ------------------------- PETITIONER: ------------ P.P.JAYADEVAN, "JAYADAM", CHORAKKULAM, P.O.PODUVACHERY, KANNUR DISTRICT. BY ADV. SRI.P.U.SHAILAJAN RESPONDENTS: ------------- 1. THE COMMISSIONER FOR GOVERNMENT EXAMINATION, THIRUVANANTHAPURAM. 2. THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.3124 OF 2008 ---------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT The petitioner is aggrieved by Ext.P17 order of the Government whereby the petitioner's appeal under Rule 3(3) of Chapter VI of the KER against an order rejecting his application to correct his date of birth in the school records has been rejected, on the ground that the appeal is barred by time. The petitioner's contention is that in the school records, the petitioner's date of birth is shown as 18.11.1957 but actually his date of birth is 4.10.1960. He further submits that Ext.P17 order is bad because he had explained the delay properly which has not been taken into account by the Government. 2. I have considered the contentions of the counsel for the petitioner. Admittedly if the petitioner's date of birth in the School records is corrected as 4.10.1960 then it would mean that the petitioner has joined 1st standard at the age of 3. In the State of Kerala no child can be admitted to Class 1 at the age of 3. Further as per Chapter III Rule 3 petition for correction of W.P.(c) No.3124/08 2 date of birth has to be also within 15 years from the date of leaving the School. The petitioner left the School in March 1977. The application is dated 19.5.1992 just after the 15 years period is over. The petitioner has not filed any application for condonation of delay in filing the application. Still further, Ext.P14 order against which the petitioner has filed an appeal, which was dismissed by Ext.P17 was passed on 21.2.2000. The petitioner has filed appeal only on 7.7.2007, after 7 long years. The petitioner's explanation for this long delay of 7 years cannot be accepted. For all these reasons I do not find any merit in this writ petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.3124/08 3