STATE OF KARNATAKA Vs. T SRINIVAS

JUDGEMENT

(1.) The question referred to us in this appeal is whether tha suit seeking a declaration that the respondent's correct date of birth is 19-8-1961 and for a mandatory injunction directing the authorities concerned to correct the date of his birth in the concerned registers is maintainable in the Civil Court.

(2.) The Rsspondent/Plaintiff before the Trial Court sought fcr a declaration that his correct date of birth was 19-8-1961 and for the consequential relief of mandatory injunction directing Defendants 1 and 2, viz., the State of Karnataka and the Secretary, K.S.E.E. Board (in short the State Government and the Board respectively) to enter his correct date of birth in the school records and to rectify the earlier records and for other incidental reliefs.

(3.) It is not in dispute that before filing the suit the plaintiff had issued a notice as required under Section 80 of the Code of Civil Procedure (in short the Code) and in reply to this notice the 2nd dsiendant, viz., the Board, declined to comply with the request of the plaintiff on the ground that the entries in the Board's records were Gone on the basis of the particulars furnished by the plaintiff while appearing for the S.S.L.C. Examination and duly accepted by his guardian and attested by the Head Mistress of the concerned school through which his application was routed and as such no change could be made at this stage in the date of birth of the plaintiff. The Trial Court on a consideration of the evidence adduced by the plaintiff came to the conclusion that he was entitled to the declsrction sought for and the consequential reliefs.