IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 7721 of 2009(I) ------------------------- PETITIONER: --------------- C.RADHAKRISHNA PILLAI, DEPUTY CHIEF ENGINEER, VYDHYUTHI BHAVAN, K.S.E.BOARD, PATTOM., THIRUVANANTHAPURAM, RESIDING AT ARATHI, TC 14/1592, FOREST OFFICE LANE, E 28, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.KAYALATT KUTTYKRISHNAN RESPONDENTS: --------------- 1. THE PRINCIPAL SECRETARY (EDUCATION), GOVT.OF KERALA, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE K.S.E.BOARD, VYDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. BY GOVT. PLEADER SMT. ANU SIVARAMAN SC, KSEB SRI. K.S ANILA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 7721 of 2009 -------------------------- Dated this the 18th March,2009 J U D G M E N T Petitioner is aggrieved by the denial of the request to correct the date of birth in accordance with his birth certificate. He is working as an Electrical Engineer under the Kerala State Electricity Board. The date of birth shown in the SSLC Book is 7.3.1954. According to him, it was recently found out from the horoscope, the correct date of birth is 5.4.1955. Petitioner approached the authorities of the panchayat for getting a birth certificate and based on Exhibit-P1 order Panchayat issued a birth certificate, which is produced as Exhibit-P2. Petitioner thereafter approached the 1st respondent requesting to issue necessary orders for correction of date of birth in the SSLC book after condoning the delay based on Exhibit-P2 birth certificate maintained by the Elampalloor Grama Panchayat. Exhibit-P4 is the said petition that was rejected as per Exhibit-P5 order. W.P ( C) No. 7721 of 2009 2 2. In Exhibit-P5 the reason stated is that since the petitioner has crossed 50 years of age as per the original entry in his SSLC Book and since he has not produced the supporting documents to prove the purpose of correcting the date of birth, his request for condonation of delay cannot be considered as per Rule 3 Chapter VI of K.E.R. The petitioner contends that Exhibit-P2 birth certificate is the most authentic document as regards the correct date of birth of the petitioner. Therefore, the 1st respondent should have ordered correction of the date of birth in the SSLC Book. It is pointed out that he is due to retire from service on attaining superannuation on 31.3.2009. 3. Rule 3 (1) Chapter VI of the Kerala Education Rules contains a note to the effect that Government shall consider the requests for condonation of delay in making application for correction of date birth in school records in deserving case, on merits, provided that the applicant is within 50 years of age as per the original entry in the school records. Petitioner contends that the fixation of an age of 50 years for the purpose of correction of date of W.P ( C) No. 7721 of 2009 3 birth in school records is arbitrary. 4. It is well settled by the various decisions of this Court and that of the Apex Court that as far as the correction of date of birth is concerned it is regulated by the relevant provisions in the statutes and the administrative instructions. No person can have a legal right in the matter. Entry in the service records as well as in the school records is known to the parties concerned and the prescription of a period within which the application should be filed cannot be said to be arbitrary. The correction of entry if it is in favour of the person concerned will enable him to continue in service for the extended period. The same will affect the rights of the others also in the matter. In that view of the matter, the Apex Court and this Court have held that the rules providing for a fixed time frame should be strictly applied in the matter for condoning the delay in the application as well as in allowing the entry to be corrected. 5. Going by the facts and circumstances of the case, petitioner is due to retire from service on 31.3.2009 W.P ( C) No. 7721 of 2009 4 even going by the rules. The entry in the service records can be corrected only if the application is filed within two years prior to the retirement which is also not satisfied here. Exhibit-P5 cannot therefore be faulted. In that view of the matter the writ petition is dismissed. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 7721 of 2009 5 W.P ( C) No. 7721 of 2009 6