SAMBASLVARAO T Vs. VENKATESWARA UNIVERSITY

JUDGEMENT

(1.) This writ petition was filed seeking a Writ of Mandamus to direct the second respondent-Director of School Education, Government of Andhra Pradesh to alter the date of birth of the petitioner from 10-12-1957 to 20-12-1960 in accordance with the judgment and decree dated 6-7-1984 in O.S. No.535 of 1983 on the file of the Principal District Munsif, Tenali and to further direct the first respondent viz. The Registrar, Sri Venkateswara University, Tirupathi, to correct the date of birth of the petitioner in the Service Register and pass such other orders which are deemed fit and proper in the circumstances of the case,

(2.) The petitioner submits that he holds a degree of M.Sc, M.Phill., and Ph.D., and joined the service of the first respondent as a Lecturer in Geology on 9-11-1989 and his date of birth was entered in the S.S.C. register as 10-12-1957, according to the statement made by his illiterate father, who is an agriculturist, who gave the date of birth while admitting him in school. The petitioner submits that the same date of birth was given to his elder brother by his father, that the petitioner, even before entering into the service of the first respondent, filed O.S. No.535 of 1983 before the Principal District Munsif, Tenali, Guntur District for a declaration that he was born on 20-10-1960 and not on 10-12-1957. After considering the matter, the learned Magistrate has decreed the suit declaring that the correct date of birth of the petitioner is 20-12-1960 and passed the decree. Then he made an application to the District Educational Officer on 13-1-1988 requesting him to make necessary correction in the S.S.C. register and enter the correct date of birth as 20-10-1960. Thereafter, pending consideration of correction of date of birth in the educational records, he joined the services of the first respondent on 9-11-1989, but his date of birth in the Service Register was entered as 10-12-1957. Thereafter on 11-3-1991, the District Educational Officer, Guntur forwarded his application to the Director of School Education. The petitioner also sent a registered reminder to the Director of School Education and the Secretary to the Education Department, Government of Andhra Pradesh and the representations of the petitioner are pending consideration before the Director of School Education. Thereafter the petitioner has made a representation to the first respondent stating that due to his father's illiteracy his date of birth was wrongly recorded as 10-12-1957 in the School Records and he subsequently filed a suit to correct his date of birth as 20-12-1960 and obtaining a decree in his favour on 20-12-1960 (sic. 6-7-1984).

(3.) In reply to the petitioner's representation, the first respondent informed the petitioner vide its letter dated 25-8-1991 that he must get his date of birth corrected in the S.S.C. register, transfer certificates of Intermediate and Degree Courses and then submit the documents for taking further action in the matter. It is also further submitted by the petitioner that the first respondent has adopted the Rules issued by the Government in G.O.Ms. No.165 Fin. & Pig. Department dated 21-4-1984, known as Andhra Pradesh Public Employment (Recording and Alteration of Date of Birth) Rules, 1984. According to the petitioner as per the Rules, the first respondent should have considered his case for correction of date of birth in the Service Register and the respondents should have seen that before entering into the service, he has obtained a decree from a competent civil Court with regard to the correct date of birth. Therefore, the inaction on the part of the respondents to correct the date of birth of the petitioner in his education records and Service Register is illegal and unconstitutional.