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Madras High CourtWP/19562/2022dismissed

M.Arulrajkumar v. The Director

2024-08-21Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.20992 of 2022 M.Arulrajkumar ... Petitioner Vs.

1. The Director, Directorate of Government Examinations, DPI Campus, College Road, Nungambakkam, Chennai-600 006.

2.The Commissioner, Directorate of School Education, DPI Campus, College Road, Nungambakkam, Chennai-600 006.

3.The Chief Educational Officer, Thiruvallur District.

4.The District Educational Officer, Thiruvallur District.

5.The Principal, St.Joseph Higher Secondary School, Kilachery, Perambakkam, Thiruvallur District-631 402.

6.The Principal, Sri Lakshmi Higher Secondary School, Thiruvallur Ward-17, Thiruvallur District-602 001.

7.The Registrar, Sri Ramachandra University, No.1, Mount Poonamallee Road, Ramachandra Nagar, Porur, Chennai-600 116. ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to make appropriate birth entry as 03.04.1988 in all the petitioner's educational certificates based on the birth certificate of the petitioner issued by the Government of Tamil Nadu vide Registration No.012/1988/01/00627 dated 07.04.1988, within a specific time frame.

For Petitioner :

Mr.G.Peranban For Respondents :

Mr.E.Ranganayagi Additional Government Pleader for R1 to R4 Mr.Abishek Jenasenan for R7 No appearance for R5 and R6

O R D E R

This Writ Petition has been filed to direct the respondents to make appropriate birth entry as 03.04.1988 in all the petitioner's Educational Certificates based on the Birth Certificate of the petitioner issued by the Government of Tamil Nadu vide Registration No.012/1988/01/00627 dated 07.04.1988.

2. The learned counsel appearing for the petitioner submits that the petitioner's date of birth was 03.04.1988 as per the Birth Certificate issued by the Government of Tamil Nadu vide Registration No.012/1988/01/00627 dated 07.04.1988 and when the petitioner was studying SSLC, due to non-availability of the Birth Certificate, his parents had given tentative birth date of the petitioner as 03.05.1987 and in all the Educational Certificates, the date of birth of the petitioner was mentioned as 03.05.1987. In order to get the Birth Certificate, the petitioner has enquired with the Hospital and traced his Birth Certificate and therefore, on 07.04.2022, the petitioner requested the respondents to accept the certified

copy of the Birth Certificate issued by the Government of Tamil Nadu vide Registration No.012/1988/01/00627 dated 07.04.1988 and to change the date of birth in all the Educational Certificates by way of a representation. However, no action was taken. Therefore, the present writ petition has been filed.

3. The learned counsel appearing for the petitioner submits that it would suffice if the respondents are directed to consider the representation of the petitioner dated 07.04.2022, within a time stipulated by this Court.

4. The learned counsel appearing for the respondents 1 to 4 submits that as per Rule 5 of S.S.L.C Scheme, applications for changes must not be entertained after a pupil had completed his school course and appeared for SSLC Public Examination and once the date of birth is recorded in the Register and the candidate completed SSLC, there will not be any alteration in the date of birth already entered in the mark sheet and hence, the petitioner's representation, which was made after a lapse of 20

years for alteration of date of birth, cannot be entertained. The petitioner claims that he was born on 03.04.1988, however, his date of birth was recorded in SSLC Mark Sheet is 03.05.1987. If the petitioner's date of birth is supposed to be 03.04.1988, he would not have attained the minimum age of 14 years and he is not eligible to appear for March 2022 SSLC Examination.

5. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 4 and the learned counsel appearing for the respondent No.7.

6. The petitioner claims that he was born on 03.04.1988 and at the time of studying SSLC, due to non-availability of birth certificate, his parents had given tentative birth date of the petitioner as 03.05.1987 and thereafter, he traced his birth certificate and as per the Birth Certificate, his date of birth is 03.04.1988. However, he completed SSLC in the year 2002 and after a lapse of 20 years, he made a representation to the respondents to

change his date of birth in all the Educational Certificates and the records would have destroyed at this point of time. As per Rule 5 of S.S.L.C Scheme, the applications for changes in the date of birth cannot be entertained after the student had completed his school course and appeared for SSLC Public Examination. Therefore, this Court is not inclined to entertain this Writ Petition.

7. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 21.08.2024 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb To

1. The Director, Directorate of Government Examinations, DPI Campus, College Road, Nungambakkam, Chennai-600 006.

2.The Commissioner, Directorate of School Education, DPI Campus, College Road, Nungambakkam, Chennai-600 006.

3.The Chief Educational Officer, Thiruvallur District.

4.The District Educational Officer, Thiruvallur District.

5.The Principal, St.Joseph Higher Secondary School, Kilachery, Perambakkam, Thiruvallur District-631 402.

6.The Principal, Sri Lakshmi Higher Secondary School, Thiruvallur Ward-17, Thiruvallur District-602 001.

7.The Registrar, Sri Ramachandra University, No.1, Mount Poonamallee Road, Ramachandra Nagar, Porur, Chennai-600 116.

M.DHANDAPANI,J.

ssb 21.08.2024