A.George Prabhu v. The Member Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH A.George Prabhu : Petitioner Vs.

1. The Member Secretary, State Board School Examinations (SEC) and Board of Higher Secondary Examinations, College Road, Chennai, Tamilnadu - 600006.

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

3. The Head Master, St.Mary Higher Secondary School, Colachel, Kanyakumari District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, calling for the records relating to petitioner date of birth by considering his representation and consequently direct the respondents to issue the Mark Statement and Transfer certificate with correct date of birth as such 03.04.1988 to the petitioner within a time fixed by this Honourable Court . 1/5

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.V.Om Prakash Government Advocate for R1 & R2

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the respondents to issue the mark Statement and transfer certificate with correct date of birth, which is 03.04.1988, within a time frame.

2. The petitioner's case is that despite submitting the birth certificate issued by the competent authority and the Aadhaar card issued by the Government of India, the petitioner's correct date of birth, 03.04.1988, has not been reflected in Grade - X mark statement and transfer certificate of the petitioner. This discrepancy has caused him to lose an employment opportunity abroad. In this regard, he submitted a representation dated 21.05.2024 to the respondents, requesting the issuance of the mark statement and transfer certificate with the correct date of birth. Since the said representation has not been considered, the petitioner has filed the present writ petition. 2/5

3. Heard the learned counsel for the petitioner and the learned Government Advocate appearing on behalf of respondents 1 and 2.

4. Taking into consideration of the facts and circumstances of the case and without going into the merits of the case, there shall be a direction to the respondents 1 and 2 to deal with the representation made by the petitioner dated 21.05.2024 on its own merits and in accordance with law and a decision shall be taken, within a period of four (4) weeks from the date of receipt of a copy of this order.

5. This writ petition stands disposed of with the above direction. There shall be no order as to costs. 06.02.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The Member Secretary, State Board School Examinations (SEC) and Board of Higher Secondary Examinations, College Road, Chennai, Tamilnadu - 600006.

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

3. The Head Master, St.Mary Higher Secondary School, Colachel, Kanyakumari District.

4/5

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.16416 of 2024 06.02.2025 5/5