NIYAS.N Vs. STATE OF KERALA

JUDGEMENT

(1.) The case of the petitioner is that the date of birth of the petitioner happened to be entered as 20/05/1990 (instead of 11/08/1990) in the SSLC Book, as borne by Ext. P1. This is stated as only a mistake. The petitioner is pursuing the studies and is a final year Engineering Student. On coming across the mistake, the same was sought to be rectified. It was accordingly, that the mother of the petitioner filed an application with necessary documents before the third respondent to get a certificate, so as to take the same to the 5th respondent to get the date of birth registered, as it was not registered before the 5th respondent. By virtue of the statutory prescription read with the relevant rules, in the case of delayed registration of births and deaths, necessary certificate has to be obtained from the concerned authority, who, in the instant case, is none other than the third respondent. On filing necessary proceedings before the third respondent, a report was called for and the 4th respondent reported, after an enquiry, that the date of birth was '20/05/1990' i.e. as shown in Ext. P1 SSLC Book. According to the petitioner, this is nothing but a mistake committed by the 4th respondent, as a result of which, Ext. P4 certificate came to be issued by the third respondent mentioning the date of birth as '20/05/1990', instead of 11/08/1990. With the said certificate, the date of birth of the petitioner cannot be registered as 11/08/1990 and hence this writ petition.

(2.) The learned Counsel for the petitioner points out that the mother of the petitioner has already filed an affidavit dated 14/06/2010 before the third respondent asserting that the date of birth of the petitioner is 11/08/1990, which is produced as Ext. P2. Ext. P3 Non-Availability Certificate was also produced before the third respondent.

(3.) Pursuant to the service of notice, the third respondent has filed a counter-affidavit stating that the entry in Ext. P4 showing the date of birth as '20/05/1990' is on the basis of the contents of the application filed by the mother of the petitioner, wherein the date of birth was shown as '20/05/1990'. It was accordingly, that the matter was enquired by the 4th respondent, reporting the date of birth as 20/05/1990. It was after considering the same, along with the statement of the mother of the petitioner and the school certificate and such other documents, that Ext. P4 came to be passed.