K. NARAYANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was working as Senior Auditor in the office of the Assistant Registrar of Cooperative Societies (Audit), Cherthala. He prays for a writ of mandamus to the first respondent to correct the date of birth of the petitioner in his service book in conformity with Exts. P1 and P6, and also for a writ of certiorari to quash Ext. P8.

(2.) Petitioner commenced his service on 3.4.1984. His actual date of birth is 22.9.1942 (6.2.118 M.E.) evidenced by Ext. P1 certificate of birth issued under S.17 of the Registration of Births and Deaths Act, 1969. On receipt of the above mentioned certificate, he made an application for correction of his school records in conformity with Ext. P1. The said application was initially rejected, since it was time barred, which necessitated filing an application for condonation of delay before the Government. The Government condoned the delay in applying for correction of date of birth in the school records as per R.3 of Chap.6 of the Kerala Education Rules vide G. O. Rt. No 5150/93/G. Edn. dated 7.9.1993, evidenced by Ext. P2. Petitioner again approached the Commissioner for Government Examination for carrying out the necessary correction in the school records vide his application dated 27.9.1993. Simultaneously he also filed an application, Ext. P3, before the first respondent requesting to correct his date of birth in the service records as 22.9.1942. He has pointed out that he has already filed an application before the commissioner for Government Examinations to carry out the correction in the SSLC book in accordance with the certificate of birth obtained by him. He also made yet another request evidenced by Ext. P4 dated 22.3.1995 stating that eventhough he submitted application dated 27.9.1993 before the Commissioner for Government Examinations to carry out the corrections in his SSLC book, the same has not been corrected so far. He, therefore, requested the Government to allow him to continue in service in accordance with the correct date of birth, that is 22.9.1942. While those representations are pending, he received Ext. P6 order dated 26.6.1995 from the Commissioner for Government Examinations according sanction under R.3 of Chap.6 of the Kerala Education Rules to record the correct date of birth of the petitioner from 4.9.1940 to 22.9.1942 in the school records and qualification certificate issued to him. A direction was also issued to the Secretary to the Commissioner for Government Examinations to make necessary correction in the entries regarding date of birth in the certificate issued to the petitioner and tabulation register concerned.

(3.) Petitioner, since the receipt of Ext. P6 order, submitted yet another, application dated 27.7.1995 evidenced by Ext. P7 to the first respondent to carry out correction in the service records in accordance with Ext. P6. In the said representation, his earlier applications submitted on 27-9-1993, and 22-3-1995 were referred to, When the petitioner was about to retire on superannuation on 30-9-1995, he came across with a communication, from the Secretary to Government to the Registrar of Cooperative Societies, Trivandrum, whereby the Government has informed the Registrar that the request of the petitioner cannot be entertained as per the conditions laid down in the Government order, G. O. (P) No. 45/91/P & ARD dated 30.12.1991. According to the Government, application of the petitioner for correction of date of birth in the service book was not seen submitted to the Government within the time stipulated in the Government order, that is before two years from the date of retirement, in accordance with the original entries in the service book. Government, therefore, informed the Registrar that the request of the petitioner merits no consideration and the same was rejected. Aggrieved by the said communication, which was officially communicated to the petitioner, he has filed the present writ Petition. Petitioner submits that Ext. P8 is arbitrary and discriminatory. It is also his case that Exts. P1 and P6 have got evidentiary value in the matter of correction of date of birth