IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35825 of 2009(W) -------------------------- PETITIONER(S): --------------- T.M.PUSHKARAN, DEPUTY TAHSILDAR (ELECTIONS), TALUK OFFICE, KOTTAYAM. BY ADV. SRI.N.RADHAKRISHNAN SRI.B.V.BALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GEN. EDN.DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER FOR GOVT.EXAMINATIONS, PAREEKSHA BHAVAN, POOJAPPURAM, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.35825/2009-W ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of December, 2009 J U D G M E N T The petitioner herein is working as Deputy Tahsildar (Elections), Taluk Office, Kottayam. The petitioner is due to retire from service on 31/03/2010. It is the case of the petitioner that his date of birth is wrongly recorded as 21/11/1954 and his correct date of birth is 17/06/1955. Ext.P2 is the application submitted by him seeking for correction of the entry in the school records and qualification certificate (S.S.L.C Book). Ext.P2 is dated 04/11/2009. He has already attained the age of superannuation. It is evident that the petitioner will be continuing in service upto 31/03/2010 under amended Rule 60(c) of Part I K.S.R. 2. Apart from the same, under the relevant Rule namely, Rule 3(1A) of Chapter VI Kerala Education Rules, a time limit of fifteen years from the date of leaving the school or the date of appearing for the S.S.L.C Examination for the last time whichever is earlier is fixed for entertaining requests for correction of date of birth in school records by the Commissioner of Government W.P.(C). No.35825/2009 -:2:- Examinations. There is a note to Rule 3(1A) stating that the Government shall consider requests for condonation of delay in making application for correction of date of birth in school records, in deserving cases, on merits, provided that the applicant is within 50 years of age as per the original entry in the school records. 3. Herein, obviously, the petitioner has not sought for a condonation of delay by filing such an application and the petitioner has passed the age of 50 years. 4. The learned counsel for the petitioner argued that the petitioner came to know about the wrong entry requiring the correction of date of birth only recently and, therefore, the time will have to be reckoned from the date of his knowledge. 5. I cannot accept the same in the light of the plain provisions quoted above. The petitioner had a long career in the Government Service. Only at the fag end of his career, he has chosen to move an application for correction of date of birth. It is well settled that in such cases, the correction of date of birth in service books cannot be permitted. In these circumstances, I do not think that the petitioner is entitled to seek correction of date of birth W.P.(C). No.35825/2009 -:3:- in the S.S.L.C Book also, as he has not admittedly moved the application for condonation of delay and even Note to Rule 3(1A) of Chapter VI K.E.R does not enable the petitioner to move application for condoning delay. Therefore, the writ petition is dismissed. No costs. (T.R. Ramachandran Nair, Judge.) ms