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Madras High CourtWP(MD)/5860/2020disposed of

T. Renuka v. The Director Of School Education

2020-03-20Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.5860 of 2020 T.Renuka ... Petitioner vs.

1)The Director of School Education, School Education Department, Chennai-6.

2)The Chief Educational Officer, Kanyakumari District, At Nagercoil.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to carry out necessary corrections in the service register of the petitioner with regard to the date of birth as 22.11.1963 instead of 05.12.1961 by considering the petitioner's application dated 09.09.2016 and the subsequent representation dated 10.02.2020 within a time frame that may be fixed by this Hon'ble Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.A.Thiyagarajan, Government Advocate

ORDER

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to carry out necessary corrections in the service register of the petitioner with regard to the date of birth as 22.11.1963 instead of 05.12.1961 by considering the petitioner's application dated 09.09.2016 and the subsequent representation dated 10.02.2020 within a time frame that may be fixed by this Court.

2.The petitioner submits that she was born on 22.11.1963 at Kurunthancode, Kanyakumari District. Her parents admitted her in a nearby school in Santhapuram. While at the time of admission, her parents orally informed the date of birth incorrectly to the school which was consequently registered in her school certificates. The petitioner was selected and posted as B.T Assistant in Government 1/3

Higher Secondary School, Kollemcode, Kanyakumari District. After the probation period in the year 2014, he was transferred to the Government Higher Secondary School, Ammandivilai, Kanyakumari District and she is working there. She has rendered unblemished service for the past 8 years. While in service, she came to know her date of birth has been wrongly entered in her service register as 05.12.1961 instead of 22.11.1963. She also found discrepancies in the entry of her date of birth in the certificates possessed by her. Therefore, she made an application in the prescribed format on 09.09.2016. The birth certificate issued by the registration department itself states her real date of birth as 22.11.1963 and it was duly registered on 30.11.1963. Even after furnishing the relevant documents to the respondents, they have not considered the above application. Therefore, the petitioner had again given a representation on 10.02.2020. As there is no response, this writ petition has been filed.

3.Learned counsel for the petitioner would submit that it is suffice if the petitioner's representation dated 10.02.2020 seeking alteration of date of birth, is disposed of within a time frame to be fixed by this Court.

4.Learned Government Advocate appearing for the respondents would state that the respondents will pass orders on the petitioner's representation dated 10.02.2020 within the time frame. 5.Considering the limited relief sought for, without expressing any opinion on the claim made by the petitioner, this writ petition is disposed of directing the respondents to consider and pass orders on the representation of the petitioner dated 10.02.2020 in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) bala To 1)The Director of School Education, School Education Department, Chennai-6.

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2)The Chief Educational Officer, Kanyakumari District, At Nagercoil.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-12619[F] dated 20/03/2020 ) +1 CC to M/s.SPL.GP ( SR-12839[F] dated 23/03/2020 ) ORDER MADE IN W.P(MD)No.5860 of 2020 DATED : 20.03.2020 NR(27.05.2020) 3P 5C 3/3