B. Moynudheen v. The Director Of School

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13656 of 2016 B.Moynudheen

...Petitioner

Vs 1.The Director of School Education, 2.The Director of Government Education, 3.Dr.Gurusamy Mudaliar T.T.V.

Higher Secondary School, Rep. by Headmaster, Sowcarpet, Chennai - 79.

...Respondents

[R3 impleaded as per order dt.04.11.2016 in W.M.P.No.12787 of 2016] PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 25.03.2016 seeking to correct his date of birth in the SSLC and HSC Certificates as 22.11.1989 as per birth certificate instead of 22.11.1990.

For Petitioner :

Mr.N.A.Nassir Hussain for Mr.N.A.Nissar Ahmed For Respondents R1 :

Mr.M.S.Arasa Kumar Government Advocate R2 :

Mr.D.Ravichander Special Government Pleader R3 :

No appearance

O R D E R

The relief sought for in the present writ petition is to direct the respondents to consider and pass orders on the petitioner's representation dated 25.03.2016 seeking to correct his date of birth in the SSLC and HSC Certificates as 22.11.1989 as per birth certificate instead of 22.11.1990. 2.The petitioner states that his actual date of birth was 22.11.1989, however, the date of birth has been erroneously entered as 22.11.1990 in the SSLC and HSC certificates. Therefore, the petitioner submitted a representation to alter the date of birth in the School records. The said representation has not been considered and therefore, the petitioner is constrained to move the present writ petition. 3.The learned counsel appearing for the petitioner states that the petitioner is not in Government service and in order to correct his date of birth for other purposes, he submitted an application before the respondents.

4.This Court is of the considered opinion that the petitioner claims the date of birth based on his birth certificate on the ground that the date of birth has been erroneously entered in SSLC and HSC certificates. Under these circumstances, the respondents are directed to consider the representation submitted by the writ petitioner by verifying the records and if necessary, by conducting an enquiry and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.

5.With these directions, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar cse To 1.The Director of School Education,

2.The Director of Government Education, 3.The Headmaster, Dr.Gurusamy Mudaliar T.T.V.

Higher Secondary School, Sowcarpet, Chennai - 79.

+1cc to Mr.N.A.Nassar Ahmed, Advocate, SR.No.604 +2ccs to the Government Pleader SR.No.1598 & 1663 W.P.No.13656 of 2016 GJ(CO) RVM(25/01/2022)