V J PHILIP Vs. CHANCELLOR UNIVERSITY OF CALICUT

JUDGEMENT

(1.) The challenge in this Original Petition is mainly against Ext.P16(a). That is a communication addressed to the petitioner rejecting his application for correction of date of birth. He also contended that he was entitled to continue in service until 60 years of age. Date of birth recorded in the school records was 26.3.1112 M.E. corresponding to 5.2.1937. This date of birth was carried over to his service book. He was a member teaching staff of the University of Calicut. When he found that there was mistake in the date of birth in the school records, he applied for correction thereof. That was finally allowed as per Ext.P3 dated 27.12.1996. As per Ext.P3 the date of birth in the school records is corrected as 9.2.1938. On the next day petitioner made a request, Ext.P5 dated 28.12.1996 to carry out the corresponding correction in the service book. If the correction is carried out he could have continued in service upto 28.2.1998. It was that application, which had been rejected as per Ext.P7. Rejection is stated to be on the basis of Government Order dated 30.12.1991. Petitioner again represented. That also is rejected as per Ext.P16(a), which reads as follows:

(2.) Ext.P7 order does not indicate any existing orders relating to correction of date of birth until passing of Ext.P12. Therefore, Ext.P12 cannot be pressed into service to dispose of the application Ext.P5 submitted on 28.12.1996, far earlier than the issuance of Ext.P12. Petitioner submits that his application ought to have been considered as per the provisions, if any, existing at the time of submission of Ext.P5 on 28.12.1996 and not based on Ext.P12 dated 27.9.1997. It cannot be applied in his case, petitioner submits, because even going by the original date of retirement. Ext.P12 had been passed later than date of retirement of the petitioner as per the existing entry. Perhaps the University might have found out this difficulty. That is why they have shifted their stand from what is stated in Ext.P7 to what is now stated in Ext.P16(a). In Ext.P7 they made reference to the Government Order, G.O.(P) No.45/91/P&ARD dated 30.12.1991, which prescribes a period of one year in the case of those who were in service, to apply for correction of date of birth. That time limit is applicable to only Government servants covered by G.O(P) No.45/91/P&ARD dated 30.12.1991. Perhaps this discrepancy might have been found out later, therefore the University shifted their stand in Ext.P16(a) that the petitioner ought to have applied two years ahead of retirement date. Perhaps, what the University might have in mind are the orders, (i) G.O.(Ms)No.39/72/PD dated 22.1.1972 and (ii) G.O.(Ms)No.123/75/PD dated 16.6.1975, which prescribe a procedure for correction of date of birth of Government employees to the effect that one should apply for such correction at the latest, before two years of the retirement as per the existing entry.

(3.) But, it has to be borne-in-mind that the petitioner is not a Government employee. He is a university employee. He is bound by the provisions contained in the Chapter III of Calicut University First Statute, 1977. As per Clause 9 thereof the Kerala Service Rules are made applicable to the teaching staff of the University. Rule 143 of Part III of the Kerala Service Rules provides for maintenance of service book. Sub-rule (1) to Rule 143 of Part III provides that: . . . . . . . The following documents shall be considered as satisfactory proof of birth. (i) In the case of persons who have attended a recognized school/college the school leaving certificate or an authenticated extract of the admission register of the school or college where the employee last studied. Petitioner is a person who had attended schools and colleges. His date of birth in the service book was recorded on the basis of the entry in the school certificate. As per Ext.P3 the date of birth in the school certificate had been corrected as 9.2.1938. The basic document is thus altered. In the absence of any other orders, at the relevant time, regulating correction of date of birth recorded in Service Book of the University employees, the date of birth shall be corresponding corrected in the service book as well.