ANIL GEORGE Vs. KARNATAKA STATE NURSING COUNCIL

JUDGEMENT

(1.) THE appellant is the petitioner in W. P. No. 2375/2006 which was rejected by the learned Single Judge on 10-8-2006. The prayer in the Writ Petition was for a direction to the respondent to correct the petitioner's date of birth entered in the Registration certificate issued by the respondent-Karnataka State Nursing Council. The petitioner prayed for change of date of birth from 31-5-1984 to 16-7-1984. In support of the claim for correction of the date of birth in the registration Certificate, the petitioner had produced the order dated 24-8-2004 passed by the Joint Commissioner for government Examinations, thiruvananthapuram, correcting the date of the birth of the petitioner in his Secondary School Leaving Certificate (S. S. L. C)from 31-5-1984 to 16-7-1984. When the respondent refused to act upon Annexure-A Order dated 24-8-2004 passed by the Joint Commissioner for Government examinations, Thiruvahanthapuram, the petitioner filed the Writ Petition. However, the learned Single Judge declined to grant any relief and rejected the writ petition. Hence, this Writ Appeal has been filed.

(2.) WE have heard learned Counsel for the appellant and also the learned Counsel for the respondent.

(3.) THERE is no dispute regarding the genuineness of Annexure-A Order passed by the Joint Commissioner for Government Examinations, thiruvananthapuram, correcting the appellant's date of birth in the s. S. L. C. Since the date of birth of the appellant was corrected in the S. S. L. C. in accordance with the statutory provisions contained in the Kerala education Act and the Kerala Education Rules, there is no justification for the respondent's refusal to act upon Annexure-A Order, so long as the respondent has no case that Annexure-A is not a genuine document. Obviously, Annexure-A Order was passed after the appellant joined the nursing Course. At the time of admission to the Nursing Course, the appellant had furnished the date of birth as entered in the S. S. L. C. at that time. The respondent entered the date of birth in the registration certificate on the basis of the date of birth furnished by the appellant at the time of his admission to the course. It is consequent on the correction of the date of birth in the S. S. L. C. that the appellant sought correction of date of birth in the Registration Certificate also. What was sought was only a change consequential to the correction in the S. S. L. C. We do not find any statutory bar or legal objection to such correction of date of birth in the registration certificate of the appellant on the basis of the entries in the s. S. L. C. Since the respondent is relying on the entries in the S. S. L. C. regarding date of birth, the respondent is bound to accept any change effected in the S. S. L. C. in accordance with law. Hence, the Writ Appeal is liable to be allowed.