IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:17793 OF 2010 DATED:27.7.2010 Between: Karlapalem Sooraparaj Naumene. .....PETITIONER AND 1 The State of A.P rep by its Director of School Education, Hyderabad & others. .....RESPONDENTs This Court made the following : THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:17793 OF 2010 ORDER: The grievance of the petitioner is that the respondents are not considering his request for correlation of his date of birth entered in the higher secondary school records and subsequent records on par with his primary and upper primary school records. He seeks a consequential direction to the respondents to carry out the amendment of the entry relating to the date of birth in the secondary school certificate, Intermediate and other certificates on par with the date of birth furnished and recorded in his primary and upper primary school records. It is the case of the petitioner that his date of birth is 27.7.1985 which was correctly entered in the educational records at the time of his admission in the primary school. After completion of 6th standard, the petitioner shifted schools and joined Loyala Public School, Alwal where he studied 7th and 8th classes. Thereafter, he shifted to Sainik School, Korukonda for the 9th class. At this point of time, in the transfer certificate issued by the Loyala Public School, Alwal a mistake occurred as to the petitioner’s date of birth which was erroneously shown as 27.6.1985. This mistake appears to have been continued thereafter and it was reflected in the petitioner’s secondary school certificate and subsequent educational records. The petitioner appears to have filed a civil suit seeking declaration of his correct date of birth. But, thereafter he withdrew the same as the mistake was on the part of the school authorities during the course of his school education and as such, no declaration was required. It is the case of the petitioner that he has been selected to join the Indian Army. But, owing to the variance in his date of birth by one month, he is facing difficulties in securing a berth in Army Service. Hence, this writ petition. Sri Vedula Venkataramana, learned senior counsel appearing for the petitioner, stated that this was not a case of alteration or correction of the date of birth which would fall within the ambit of G.O.Ms.No:1263, Education Department, dated 6.5.1961. Under the said G.O., revised rules were issued by the Government for alteration and correction of the date of birth in the completed secondary school certificate and higher school certificates. The learned senior counsel pointed out that the Deputy Educational Officer, Vikarabad Zone, R.R. District having enquired into the matter addressed letter dated 7.6.2010 to the District Educational Officer, R.R. District recommending that the petitioner’s date of birth may be corrected as 27.7.1985 in the records. Acting thereupon, the District Educational officer, R.R. District addressed letter dated 18.6.2010 to the Commissioner and Director of School Education, A.P., Hyderabad forwarding the original S.S.C memo, the Headmaster’s explanation along with other records for consideration of the proposal for correction of the petitioner’s date of birth. The apprehension of the petitioner, according to the learned senior counsel, is that the Government may apply the limitation introduced in G.O.Ms.No:1263, Education Department, dated 6.5.1961 by way of G.O.Ms.No:430, Education (EE.I) Department, dated 31.12.1992. By way of the said amendment, the Government stipulated that no application for correction/alteration of date of birth in the completed certificates should be entertained after 3 years from the date of completion of the said course. The learned senior counsel contended that as this was not a case where the petitioner seeks alteration of the date of birth in the school records on the ground that a mistake was committed by him, the aforestated Rules have no application. According to him, this is not the usual case of alteration or correction of the date of birth as the mistake is squarely attributable to the school authorities in issuing the transfer certificate with the incorrect date of birth. The learned Assistant Government Pleader for School Education submitted that the matter was pending before the Commissioner and Director of School Education, A.P., Hyderabad. The amendment introduced by G.O.Ms.No:430, Education (EE.I) Department, dated 31.12.1982 is to prevent belated claims being made by persons for rectification of their date of birth in the school records. Need for rectification, as is evident from G.O.Ms.No:1263, Education Department, dated 6.5.1961, should normally originate from the mistakes committed in furnishing the particulars of the date of birth at the time of entry into educational institutions. The case on hand presents a different picture altogether as the petitioner cannot be found fault with as his date of birth was correctly entered at the time of his entry in school education. The error on the part of the authorities of Loyala Public School, Alwal cannot be laid at his door. Further, as the petitioner’s career in the Indian Army is placed at risk owing to such mistake by the school authorities, I am of the opinion that this is a fit case for the authorities to consider the petitioner’s application for incorporating the correct date of birth in his school records without reference to the limitation aspect introduced in the Rules, which in my opinion, may have no application to this case. The Commissioner and Director of School Education, A.P., Hyderabad, shall consider the matter in the light of the observations made hereinabove and thereupon pass necessary orders in the matter within a period of two (2) Weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of with the aforestated direction. No order as to the costs. _________________ Justice Sanjay Kumar Date:27.7.2010. Note: C.C. by tomorrow. (BO) gurc THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO:17793 OF 2010 27th JULY, 2010