IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 15817 of 2008(G) ----------------------------------------- PETITIONER(S): ------------------------- A.K.CHANDRIKA, ANANDA MANDIRAM, NOORANADU DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NOW SECRETARY, CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. BY ADVS. MR.A.N.RAJAN BABU, SMT.K.SUNITHA VINOD, MR.P.GOPALAKRISHNAN (MVA), MR.A.R.EASWAR LAL. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15817/2008G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CERTIFICATE OF BIRTH OF THE PETITIONER ISSUED UNDER SECTION 17 OF THE RBD ACT 1969 SHOWING THE DATE OF BIRTH AS 14/1/1957. EXT.P2: COPY OF CERTIFICATE OF BIRTH OF K.RADHAMANI ISSUED FROM THE PANCHAYAT. EXT.P3: COPY OF BIRTH CERTIFICATE OF K.SAROJAM. EXT.P4: COPY OF BIRTH CERTIFICATE OF K.RAVEENDRA NATHEN. EXT.P5: COPY OF BIRTH CERTIFICATE OF K.JAGADAMMA. EXT.P6: COPY OF BIRTH CERTIFICATE OF K.SURENDRAN. EXT.P7: COPY OF BIRTH CERTIFICATE OF K.PRASANNAN. EXT.P8: COPY OF BIRTH CERTIFICATE OF K.PRASAD. EXT.P9: COPY OF RELEVANT PAGE OF S.S.L.C.BOOK OF PETITIONER SHOWING DATE OF BIRTH. EXT.P10: COPY OF ORDER NO.K.DIS. 34046/80/EX.B2 DTD. 27/07/1981 OF THE 2ND RESPONDENT. EXT.P11: COPY OF GOVT. ORDER G.O.RT.NO.508/G1/EDN. DTD. 19/02/1987. EXT.P12: COPY OF ORDER NO.382/89/G2/G.EDN. DTD. 31/01/1995 OF THE 1ST RESPONDENT. EXT.P13: COPY OF REPRESENTATION DTD. 23/06/2003 SUBMITTED BY PETITIONER BEFORE GOVERNMENT. EXT.P14: COPY OF STATEMENT DTD. 12/08/2004 SUBMITTED BEFORE THE GOVERNMENT BY PETITIONER. EXT.P15: COPY OF ARGUMENT NOTE SUBMITTED BY COUNSEL FOR THE PETITIONER ON 24/08/1984 BEFORE THE 1ST RESPONDENT. Kss ..2/- ....2...... WPC.NO.15817/2008 G EXT.P16: COPY OF GOVT.ORDER G.O.(RT) NO.4713/04/G.EDN. DTD.30/10/2004. EXT.P17: COPY OF JUDGMENT DTD. 3/04/2007 IN WP(C) NO.36619 OF 2004 OF THIS HONOURABLE COURT. EXT.P18: COPY OF LETTER DTD. 13/06/2007 OF THE PETITIONER ADDRESSED TO THE 2ND RESPONDENT. EXT.P19: COPY OF POSTAL RECEIPT DTD. 14/06/2007. EXT.P20: COPY OF LETTER DTD. 2/11/2007 OF THE 2ND RESPONDENT SERVED ON THE PETITIONER. EXT.P21: COPY OF REPLY LETTER SENT TO THE 2ND RESPONDENT BY PETITIONER ON 3/11/2007. EXT.P22: COPY OF REPRESENTATION DTD. 21/12/2007 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P23: COPY OF LETTER NO.B(2)/32034/2008/CGE DTD. 18/01/2008 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P24: COPY OF REPLY TO EXT.P23 SENT TO THE 2ND RESPONDENT BY PETITIONER ON 28/01/2008. EXT.P25: COPY OF SCHOOL CERTIFICATE ISSUED BY HEADMISTRESS L.P.SCHOOL, ERAMAKUZHY TO K.RADHAMANI. EXT.P26: COPY OF SCHOOL CERTIFICATE ISSUED BY HEADMISTRESS, L.P.SCHOOL, ERUMAKUZHY TO K.SAROJAM. EXT.P27: COPY OF ORDER NO.B2/32034/05 DTD. 19/04/2008 OF THE 2ND RESPONDENT. EXT.P28: COPY OF S.S.L.C. CERTIFICATE BOOK OF K.RADHAMONY. EXT.P29: COPY OF S.S.L.C. CERTIFICATE BOOK OF K.SAROJA. EXT.P30: COPY OF S.S.L.C. CERTIFICATE BOOK OF K.RAVEENDRANATHAN. RESPONDENT'S EXHIBITS: EXT.R2(A): COPY OF THE JUDGMENT IN WP(C) NO.10314/08. EXT.R2(B): COPY OF THE JUDGMENT IN WP(C) NO.5499/08. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No.15817 of 2008 ====================================== Dated this the 25th day of February 2009 JUDGMENT The petitioner who is presently working as Joint Registrar of Co-operative Societies has filed this Writ Petition aggrieved by Ext.P27 order dated 19.4.2008 passed by the Commissioner for Government Examinations, rejecting her request for correction of the date of birth in the school records. The brief facts of the case are as follows:- 2. The petitioner is the fifth among the eight children of late K.Kuttappan and late Kalyani. The petitioner passed the SSLC examination in the year 1971. In the school records as well as in the SSLC book, her date of birth is entered as 24.12.1954. Long after she passed the SSLC examination, she submitted an application dated 8.5.1980 to the Commissioner for Government Examinations for correction of the date of birth in the school records. In the said application, she relied on Ext.P1 extract from the register of births and deaths maintained by the Palamel Panchayat, wherein, her date of birth has been entered as 14.1.1957. The Commissioner for Government Examinations rejected the petitioner's application by Ext.P10 order passed on 27.7.1981. She did not challenge Ext.P10. Nearly three years W.P.(C)No.15817 of 2008 2 thereafter, the petitioner was appointed as Junior Inspector of Co- operative Societies in the Co-operation Department and she joined duty on 19.12.1983. Months later, she filed an appeal dated 8.4.1985 before the State Government challenging Ext.P10 and that appeal was rejected by Ext.P11 order dated 19.2.1987. The petitioner did not challenge Ext.P11 also. 3. While matters stood thus, the Government issued G.O.(P) No.45/91/P&ARD dated 30.12.1991 whereby the Government ordered that government employees then in service have to apply for correction of the date of birth in the service records within one year from the date of the government order, after the date of birth is corrected in the school records. The Government also ordered that applications to condone the delay and to entertain applications in relaxation of the condition regarding time limit will be summarily rejected. After the said Government order was issued, the petitioner submitted an application dated 27.1.1992 seeking a review of Ext.P11 order. The said application was rejected and the petitioner was informed of the rejection of the said application in Ext.P12 letter dated 31.1.1995. The petitioner kept quiet for nearly eight years. She thereafter submitted Ext.P13 representation dated 23.2.2003 to the Hon'ble Minister for Education followed by Ext.P14 representation addressed to the W.P.(C)No.15817 of 2008 3 Secretary to Government, General Education Department. A hearing in the matter was held by the Secretary to Government, General Education Department and at the time of hearing, the petitioner submitted Ext.P15 argument notes. The petitioner contended that her elder sister Smt.K.Radhamani was born on 2.1.1955 and the said fact would prove that the entry regarding her date of birth in the school records is erroneous. She contended that as her elder sister Smt.K.Radhamani was admittedly born on 2.1.1955, her mother could not have given birth to her on 24.12.1954. She placed reliance on Ext.P2 extract from the register of births and deaths maintained by the Palamel Panchayat in support of her contention. The petitioner's contentions were not accepted and the Government by Ext.P16 order dated 30.10.2004 rejected Ext.P13 application. 4. Aggrieved by Ext.P16 order, the petitioner filed W.P.(C) No.36619 of 2004 in this Court wherein she also challenged Exts.P10, P11 and P12. A learned Single Judge of this Court accepted the contention of the petitioner that if the date of birth of her elder sister Smt.K.Radhamani is 2.1.1955, then, the petitioner's mother could not have given birth to the petitioner, on 24.12.1954. In that view of the matter, the learned Single Judge directed the Commissioner for Government Examinations W.P.(C)No.15817 of 2008 4 to consider the petitioner's application afresh and pass orders thereon. This Court also observed that the entitlement of the petitioner to have the service records corrected is left open. 5. As directed by this Court, the Commissioner for Government Examinations reconsidered the matter. In Ext.P23 letter dated 18.1.2008, he called upon the petitioner to produce the birth certificates of Sri.K.Surendran and Sri.K.Prasad and the school records/SSLC books of Smt.K.Jagadamma, Smt.K.Saroja, Smt.K.Radhamani and Sri.K.Prasannan. The petitioner submitted Ext.P24 reply pointing out that the births of Sri.K.Surendran and Sri.K.Prasad have not been registered. The petitioner however made available attested copies of the SSLC books of Sri.K.Surendran, Sri.K.Prasad, Smt.K.Jagadamma and Sri.K.Prasannan and also the extracts from the school register in respect of Smt.K.Radhamani and Smt.Saroja. On the short ground that the documents called for in Ext.P23 were not produced, the Commissioner for Government Examinations rejected the petitioner's application by Ext.P27 order passed on 19.4.2008. Ext.P27 is under challenge in this Writ Petition. 6. I have considered the submissions made at the Bar by Sri.A.N.Rajan Babu, the learned counsel appearing for the petitioner and Sri.T.T.Muhumood, the learned Government Pleader W.P.(C)No.15817 of 2008 5 appearing for the respondents. The petitioner's application for correction of the date of birth in the school records stands rejected on the ground that the SSLC books relating to her elder sister Smt.K.Radhamani, younger sister, Smt.K.Saroja and the birth certificates of her elder brother Sri.K.Surendran and younger brother Sri.K.Prasad have not produced. The Commissioner has held that the said documents are essential for ascertaining the petitioner's claim. The petitioner has produced before this Court photostat copies of the SSLC books of Smt.K.Radhamani and Smt.K.Saroja. The learned counsel for the petitioner submits that at the time when the Commissioner for Government Examinations called for the SSLC books, Smt.K.Radhamani and Smt.K.Saroja were not in station and therefore the petitioner could not collect their school records and produce them before the Commissioner for Government Examinations. The learned counsel for the petitioner submits that in these circumstances, Ext.P27 may be set aside and the Commissioner for Government Examinations may be directed to reconsider the application, after affording the petitioner an opportunity of being heard. The learned Government Pleader on the other hand contends that Ext.P27 is an appealable order, that an appeal lies under sub rule-(3) of rule 3 of Chapter-VI of the Kerala Education Rules to the W.P.(C)No.15817 of 2008 6 Government and that as the petitioner has an effective alternate remedy, this Court may not entertain this Writ Petition and adjudicate upon the rival contentions. 7. A reading of Ext.P27 discloses that the Commissioner for Government Examinations has rejected the petitioner's application mainly for want of the SSLC books relating to the petitioner's elder sister Smt.K.Radhamani and younger sister Smt.K.Saroja. The petitioner has sufficient explanation for not producing the said documents before Ext.P27 was passed. The petitioner had instead of producing the SSLC books of Smt.K.Radhamani and Smt.K.Saroja, produced certified extracts from the birth register. However, the Commissioner was of the view that the petitioner should produce the SSLC books. Now that the petitioner is in possession of the same, having regard to the fact that the petitioner has been agitating the matter for the past several years, I am of the opinion that the Commissioner for Government Examinations should have a re-look in the matter and take a decision thereon. In the result, Ext.P27 is quashed and the Commissioner for Government Examinations is directed to reconsider the application submitted by the petitioner for correction of her date of birth in the school records, after affording the petitioner an W.P.(C)No.15817 of 2008 7 opportunity of being heard. The petitioner shall produce the originals of the SSLC books of Smt.K.Radhamani and Smt.K.Saroja and also extracts from the school register in respect of her other siblings. The petitioner shall also produce the photostat copies of SSLC books of Smt.K.Radhamani and Smt.K.Saroja. The Commissioner for Government Examinations shall after comparing the photostat copies of the SSLC books of Smt.K.Radhamani and Smt.K.Saroja with the originals thereof, return the originals to the petitioner after verifying the authenticity and genuineness of the photostat copies. The Commissioner for Government Examinations shall pass final orders in the matter, giving reasons in support of his conclusions, within three months from the date on which the petitioner produces a copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the petitioner's contentions and that the Commissioner for Government Examinations will be free to arrive at his own conclusion, based on the materials on record. The writ petition is allowed as above. No costs. P.N.RAVINDRAN, JUDGE W.P.(C)No.15817 of 2008 8 css/