The petitioner who was working as Headmaster of Vellachery MLP School filed this writ petition on 12.11.2013 praying for a writ in the nature of mandamus directing the first respondent to consider Ext.P4 application submitted by him to the Government for permission to correct his date of birth in the Secondary School Leaving Certificate and in the service records. He has also prayed for a writ in the nature of mandamus directing the respondents to correct his date of birth from 3.11.1957 to 26.12.1958 in the Secondary School Leaving Certificate and in the service records. 2. As per the school records the petitioner's date of birth is 3.11.1957. It is that date which is entered in the service records. It is stated that seeking correction of his date of birth he had submitted Ext.P1 representation dated 29.12.2011 before the Honourable Chief Minister, that the said representation was forwarded to the Director of Public Instruction, Thiruvananthapuram who in turn forwarded it to the Secretary to Government, General Education Department, that as no action was taken thereon, Ext.P4 representation dated 9.9.2013 was submitted, but notwithstanding the passage of several months, orders have not been passed either on Ext.P1 representation or Ext.P4 representation. Relying on Ext.P5 birth certificate issued by the Registrar of Births and Deaths of Panniyannur Grama Panchayat it is contended that the petitioner was born on 26.12.1958, that his birth was registered on 27.12.1958 itself and therefore, his date of birth as entered in the school records and consequently in the service records is liable to be corrected.
3. Rule 3 of Chapter VI of the Kerala Education Rules (hereinafter referred to as 'the KER' for short) stipulates that the name of a pupil, his religion his caste and his date of birth once entered in the Admission Register shall not be altered except with the sanction of the authority specified by Government in this behalf by notification in the Gazette. Sub rule (1)(A) of rule 3 of Chapter VI of the KER stipulates a time limit of 15 years from the date of leaving the school or the date of appearing for the S.S.L.C. Examination for the last time whichever is earlier for submission of such applications for corrections. The competent authority to whom applications have to be submitted is the Commissioner of Government Examinations. The Note to sub rule 1(A) of of rule 3 of Chapter VI of the KER empowers the Government to consider requests for condonation of delay in making an application for correction of the date of birth in the school records. This is however subject to the condition that the applicant is within 50 years of age as per the original entry in the school records.
4. In the instant case, going by the date of birth entered in the school records, the petitioner completed 50 years of age in the year 2007. The Government could not have on the terms of the Note to sub rule 1(A) of rule 3 of Chapter VI of the KER entertained the petitioner’s request for condoning the delay in filing an application to correct the date of birth in the school records. The Government are not the original authority to entertain an application for correction of the date of birth in the school records. The competent authority is the Commissioner of Government Examinations. The Government are the appellate authority (vide sub rule (3) of Rule 3 of Chapter VI of the KER). The Government, which is the appellate authority, could not therefore have considered the application of the petitioner for correction of the date of birth in the school records. In such circumstances it cannot be said that the Government had a duty to consider the petitioner’s request for correction of date of birth. The Government could have only condone the delay in filing the application for correction of date of birth, if the petitioner had moved the Government before he attained the age of 50 years. The petitioner has no right and the Government has no corresponding duty to consider that request.
In such circumstances, I find no grounds to direct the Government to dispose of Ext.P4 representation. The writ petition fails and is accordingly dismissed.
vps P.N.RAVINDRAN, (JUDGE)