K.Selvi v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.NO.19822 OF 2020 K.Selvi

...Petitioner

Vs 1 The Secretary, Education Department, Government of Tamil Nadu, Fort St. George, Chennai 600006.

2 The Director of School Education, DPI Campus, College Road, Chennai 600006.

3 The Chief Educational Officer, Namakkal, Namakkal District.

4 The District Educational Officer, Namakkal Namakkal District.

5 The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai 600 006.

6 THE COMMISSIONER , Municipal Administration and Water Supply Department, Salem City Municipal Corporation Salem.

7 THE DIRECTOR OF GOVERNMENT EXAMINATIONS, DPI Campus, College Road, Chennai 600006.

8 THE PRINCIPAL, Thiruvalluvar Government Arts College, Rasipuram, Andagalur 637 471, Namakkal District. (R6 TO R8 IMPLEADED VIDE ORDER DT 08/03/2021 MADE IN WMP.4565 of 2021 in WP.19822 of 2020) .....Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to consider petitioners representation dated 22.09.2020 and to rectify the mistake that had crept in the School and College records with regard to petitioners date of birth and to issue fresh certificate by mentioning the petitioners date of birth as 24.12.1994 within time frame stipulated by this Honourable Court. For Petitioner : Mr.S.Kaithamalai Kumaran For Respondents : Mr.U.Bharanidharan Government Advocate for R1 to R4 Mr.S.Sathish Standing counsel for R5

O R D E R

The learned counsel for the petitioner submitted that they have already returned back the bundle to the petitioner and they are no more appearing in this case. The said statement made by the learned counsel for the petitioner is recorded.

2. This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner dated 22.09.2020 wherein the petitioner has sought for rectification of the mistake that has crept in in the school and college records with regard to

the date of birth and consequently to issue a fresh certificate by mentioning the date of birth of the petitioner as 24.12.1994.

3. The learned Government Counsel appearing on behalf of the respondents submitted that at the time when the declaration form was issued and filled up by the petitioner and her parents, they have consciously mentioned the date of birth as 24.02.1994. It was further submitted that if the petitioner had mentioned the date of birth as 21.12.1994, the petitioner would not have been allowed to write the examination, since the petitioner will be falling short by three months to take the 10th standard examination.

4. In view of the specific stand taken by the respondents, no further orders can be passed in this writ petition and the date of birth having been consciously mentioned as 24.02.1994 in the declaration form, the same cannot be changed at a future point of time after nearly 11 years and accordingly, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar rka To

1. The Secretary, Education Department, Government of Tamil Nadu, Fort St. George, Chennai 600006.

2. The Director of School Education, DPI Campus, College Road, Chennai 600006.

3. The Chief Educational Officer, Namakkal, Namakkal District.

4. The District Educational Officer, Namakkal Namakkal District.

5. The Director of Collegiate Education, 9th Floor, EVK Sampath Buildings, College Road, Chennai 600 006.

6. THE COMMISSIONER , Municipal Administration and Water Supply Department, Salem City Municipal Corporation Salem.

7. THE DIRECTOR OF GOVERNMENT EXAMINATIONS, DPI Campus, College Road, Chennai 600006.

8. THE PRINCIPAL, Thiruvalluvar Government Arts College, Rasipuram, Andagalur 637 471, Namakkal District.

+1cc to the Government Pleader, S.R.No.43394 W.P.No.19822 of 2020 SSV(CO) RLP(20/09/2021)