IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 WP(C).No. 225 of 2010(C) ------------------------ PETITIONER(S): --------------- SREEJA.P,D/O.LATE MURALEEDHARAN, MURALI NIVAS,NAYARTHARA,KANJIKODE,PALAKKAD. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): --------------- 1. KENDRIYA VIDYALAYA SANGATHAN, CHENNAI REGION,REPRESENTED BY ITS ASSISTANT COMMISSIONER,REGIONAL OFFICE,IIT CAMPUS,ADAYAR, CHENNAI. 2. PRINCIPAL,KENDRIYA VIDYALAYA, KANJIKODE. ADV. M/S.IYER & IYER, SC.KENDRIYA VIDYALAYA ADV. SRI. V.V. ASOKAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 225/2010 ---------------------------------------------------------------- EXT.P1 TRUE COPY OF BIRTH CERTIFICATE OF PETITIONER. EXT.P2 TRUE COPY OF TRANSFER CERTIFICATE. EXT.P3 MARK STATEMENT OF PETITIONER. EXT.P4 TRANSFER CERTIFICATE. EXT.P5 REQUEST SUBMITTED BY PETITIONER. EXT.P6 COVERING LETTER. EXT.P7 PERFORMA OF APPLICATION FOR CHANGE OF DATE OF BIRTH. EXT.P8 TRUE COPY OF AFFIDAVIT. EXT.P9 RELEVANT PAGES OF EDUCATION CODE. EXT.P10 JUDGMENT IN W.P.C. NO. 23173/2009. EXT.P11 COMMUNICATION DT. 20-11-2009. EXT.P12 DO. DT. 15-12-2009. RESPONDENTS' EXHIBITS: ---------------------------------------- EXT.R1(a) BIRTH CERTIFICATE OF PETITIONER. EXT.R1(b) APPLICATION FOR ADMISSION. EXT.R1(c) TRUE COPY OF T.C. EXT.R1(d) TRUE COPY OF DECLARATION DT. 21-1-1998. EXT.R1(e) APPLICATION DT. 16-11-2000. EXT.R(f) T.C. DT. 6-11-2000. TRUE COPY P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 225 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th day of June, 2010. J U D G M E N T The petitioner completed the plus two course from the Kendriya Vidyalaya at Kanjikode in Palakkad. In the T.C issued to her, her date of birth is shown as 8-7-1991 instead of 8-9-1991. Therefore, the petitioner applied for correction of her date of birth in the transfer certificate and obtained an order in W.P(C) No. 23173/2009 directing the 1st respondent to do the needful. However, the petitioner has been informed that the correction cannot be made since, as per the original birth certificate, the entry is 8-7-1991. According to the petitioner, as per Ext. P1 birth certificate, the petitioner's date of birth is 8-9-1991. 2. The 2nd respondent has filed a counter affidavit producing Ext. R1(a) which is a certificate produced at the time of admission from the military certifying that the date of birth of the petitioner is 8-7-1991. According to the 2nd respondent, in view of these two conflicting certificates issued by competent authorities, the 2nd respondent is not in a position to ascertain the correct date of birth and therefore the desired correction cannot be made. 3. I have considered the rival contentions in detail. Both Ext. P 1 and Ext. R1(a) were produced by the petitioner as proof regarding date of birth of the petitioner. One is issued by the Military Hospital and the other is issued from the Field Regiment where the petitioner's father was working. Admittedly, both show different dates of birth. When a person requests for correction of date of birth, it is the duty of that person to prove the correct date of birth by producing appropriate documents. Here, the petitioner herself has produced two different documents showing two different dates of birth. That being so, unless the petitioner explains the discrepancy to the satisfaction of the 1st respondent, this Court cannot direct the 1st respondent to make the correction. Therefore, leaving it open to the W.P.C. No. 225/2010 -: 2 :- petitioner to convince the 1st respondent by producing reliable documents in proof of the petitioner's actual date of birth, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/