GEEVARGHESE Vs. STATE

JUDGEMENT

(1.) The appellant wants to correct his date of birth from 13.7.1943 (29.11.1118 ME) to 19.9.1944 (3.2.1920 ME). The request for correction of the date of birth was rejected by the second respondent by Ext. P6 order dt. 2.5.1994. The appellant filed an appeal against the above order before the first respondent. The above appeal was also rejected by Ext. P8 order dt 18.5.1995. Aggrieved by Ext. P8 order, the appellant filed O. P. No. 10829 of 1995 before this court. A learned single Judge by Ext. P13 judgment dt. 30.11.1995 quashed Ext. P8 order and directed the first respondent to consider the appeal petition submitted by the appellant afresh after taking into consideration the document produced by the appellant. Thereafter the second respondent passed Ext. P15 order dt. 9.2.1996 again rejecting the request of the appellant to correct his date of birth. The challenge against Ext. P15 order was not successful before the learned single Judge. Hence this appeal.

(2.) Sri. M. V. Bose, learned counsel for the appellant strenuously argued that Ext. P15 order did not consider any of the documents produced by the appellant as directed in Ext. P13 judgment. The most important document which the appellant is relying on is Ext. P2 certificate of birth issued by Taluk Panchayat Officer, Quilon. The date of registration of the birth as seen in Ext. P2 is 12.2.1120. The date of birth as entered in the register is 3.2.1120 corresponding to 19.9.1944. But curiously the name of the appellant was not entered originally in the register. It is seen that as per the order of the Director of Panchayat dt. 23.6.92, the name of the appellant was entered in the register on23.7.92. In this connection, it is pertinent to note that the earliest petition filed by the appellant to condone the delay to apply to the second respondent for correction of date of birth was 7.8.92. Therefore, it is not safe to rely on Ext. P2 certificate of birth issued by the Taluk Panchayat Officer in order to conclusively hold that the real date of birth of the appellant is 3.2.1120.

(3.) The other document which the appellant strongly relies on is Ext. P3 baptism certificate and Ext. P11 family register, both issued by the church. They are also not to be relied on because they were issued only in 1992 and in 1995. The certificates issued by the church cannot be described as reliable documents as against the school records of the appellant.