Balaji. T.S v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN T.S.Balaji ... Petitioner Vs.

1.The State of Tamil Nadu Represented by its Principal Secretary, The School Education Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai- 600 009.

2.The Director The Directorate of Government Examination, DPI Complex, College Road, Chennai- 600 006.

3.The Chief Educational Officer, Thallakulam, 4.The District Educational Officer, Office of the District Educational Officer, Thallakulam, Madurai- 625 002.

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5.The Headmaster Virudhunagar Nadar Higher Secondary School, Munichalai, ... Respondents (The third respondent suo motu impleaded as per order of this Court, dated 27.03.2023) (The respondents 3 & 4 re-designated as respondents 4 and 5 as per order of this Court, dated 27.03.2023) PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 2 and 4 to change the petitioner's date of birth to 09.08.1996 instead of 10.08.1996 in the petitioner's SSLC Mark statement and Transfer certificate by considering the petitioner's representation dated 28.02.2023 in accordance with law.

For Petitioner : Mr.J.Alexander For Respondents : Mr.M.Ramesh - for R1 to R4 Government Advocate 2/6

O R D E R

The petitioner seeks change of his date of birth from 10.08.1996 to 09.08.1996 and claims that the said date of birth should be reflected in the SSLC mark statement and transfer certificate issued with respect to his education.

2. The learned Government Advocate, who takes notice on behalf of the respondents 1 to 3, however, pointed out, G.O.Ms.No.177 School Education Department, dated 23.12.2021, wherein, it had been stated that for any request for change in date of birth, the competent authority is the Chief Educational Officer of the concerned District. The petitioner had given a representation, but had not given such representation to the Chief Educational Officer.

3. In view of the fact that the Chief Educational Officer is the competent authority, suo motu the Chief Educational Officer, Madurai, is impleaded as the third respondent in the writ petition. Registry to carry out necessary amendment before issuing the order copy. 3/6

The existing third and fourth respondents may be re-designated as respondents 4 and 5.

4. The petitioner may give a fresh representation to the newly impleaded third respondent namely, the Chief Educational Officer, Thallakulam, Madurai, and whenever such representation is received by the said respondent, within a period twelve weeks from that date onwards necessary enquiry must be made and orders be passed.

5. With the above direction, this writ petition stands disposed of. No costs.

27.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6

To 1.The State of Tamil Nadu Represented by its Principal Secretary, The School Education Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai- 600 009.

2.The Director The Directorate of Government Examination, DPI Complex, College Road, Chennai- 600 006.

3.The Chief Educational Officer, Thallakulam, 4.The District Educational Officer, Office of the District Educational Officer, Thallakulam, Madurai- 625 002.

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C.V.KARTHIKEYAN, J.

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