A.Velayutham v. The Principal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28.03.2023 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.9485 of 2023 A.Velayutham ... Petitioner Vs

1. The Principal, Chennai Boys Higher Secondary School, Nungambakkam, Chennai.

2. The Education Director, The Directorate of Public Instructions, No.17, College Road, Subba Road Avenue, Nungambakkam, Chennai-600008. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a writ, order or direction, particularly in the nature of a Writ of Mandamus for consideration of the petitioner representation letter dated 04.03.2023.

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For Petitioner ... M/s.B.Devakumar For Respondents ... Mr.U.Baranidharan, Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents to consider the petitioner's representation dated 04.03.2023 made for correction of date of birth of the petitioner in the tenth standard mark sheet and the Transfer Certificate.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for respondents.

3. It is the case of the petitioner that the petitioner studied in the 1st respondent school, wherein his date of birth has been wrongly mentioned as 15.04.1992 in his tenth standard marksheet as well as in the Transfer Certificate, however, the petitioner's actual date of birth is 15.04.1994. In order to rectify the said error, the petitioner made a representation to the respondents on 04.03.2023 seeking to alter his date of birth in the tenth standard marksheet Page No:2/6

and the Transfer Certificate. However, till date, the same has not been considered. Hence, this Writ Petition.

4. Though very many grounds have been raised, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation made on 04.03.2023 seeking alteration of his date of birth in the said certificates.

5. Learned Additional Government Pleader appearing for respondents submits that in view of G.O.Ms.No.177 dated 23.12.2023, Education Department, the Director of School Education is the competent authority for alteration of date of birth in the educational records. Hence, the proper course open for the petitioner is to approach the competent authority for the same.

6. It is not disputed that the appropriate authority for alteration of date of birth in the Educational records is the Director of School Education. Hence, the petitioner is permitted to make appropriate application before the said authority within a period of two weeks from the date of receipt of a copy of this order. On such application being made, the Director of School Education is Page No:3/6

directed to consider the same and pass appropriate orders on merits within a period of six weeks thereafter.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

28.03.2023 NHS Index:Yes/No Internet:Yes Page No:4/6

To The Education Director, The Directorate of Public Instructions, No.17, College Road, Subba Road Avenue, Nungambakkam, Chennai-600008.

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M.DHANDAPANI, J.

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