T VINOD KUMAR Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) This writ petition is filed to direct the respondent to correct the date of birth of the petitioner as 17-11-1964 in S.S.C. certificate in view of the judgment and decree passed in A.S. No.15 of 1988 on the file of the Subordinate Judge at Suryapet, Nalgonda and to return the original S.S.C. certificate after making necessary corrections.

(2.) The facts in brief are that the correct date of birth of the petitioner is 17-11-1964 and due to mistake the same was wrongly recorded as 28-2-1963 in his' school records and in the S.S.C. certificate. That on noticing the said mistake the petitioner filed a suit in O.S. No.1110 of 1985 on the file of the District Munsiff, Suryapet, Nalgonda for declaration of his date of birth as 17-11-1964. On consideration of the matter, the District Munsiff dismissed the suit. Aggrieved by the same, the petitioner filed an appeal in A.S. No.15 of 1988 on the file of the Subordinate Judge, Suryapet, Nalgonda and the same was allowed by order dated 14-11-1990. Pursuant thereto, the petitioner approached the respondent and submitted the original S.S.C. certificate along with the certified copies of the judgment and decree in A.S. No.15/88 and requested to change the date of birth. Now the grievance of the petitioner is that no action was taken by the respondent for carrying out the necessary correction of his date of birth in the relevant records and S.S.C. certificate. Hence, the present writ petition.

(3.) The respondent filed counter-affidavit stating that as per the procedure the petitioner has to approach the official concerned in the Education Department for correction of date of birth in terms of Rules made in G.O. Ms. No. 1263 dated 6-5-1961, G.O. Ms. No.898 dated 29-8-1977 and G.O. Ms. No.1348 dated 15-12-1981. It is alleged that the petitioner instead of following the said procedure, laid down in the said G.O. has directly approached the Court of law for correction of date of birth. It is also stated that as per the orders issued in G.O. Ms. No.898 dated 29-8-1977, for correction of date of birth, a time limit of three years from the date of completion of SSC is prescribed and the petitioner has approached the Education Department only 15 years, after completion of his S.S.C. standard.