T. Nammalavar v. The Dirctor,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR T.Nammalvar ... Petitioner Vs.

1.The Director, Directorate of District Distance Education, Annamalai University, Annamalai Nagar-608 002.

2.The Principal, Ayya Nadar Janakiammal College, Sivakasi, 3.The Principal, S.R.Naidu Memorial College, Sattur, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to call for the records pertaining to the order of the first respondent dated 28.11.2013 and quash the same and consequential direction to the respondents to correct the date of Birth in the transfer certificates as per the entries made in secondary and higher secondary mark sheets. 1/6

For Petitioner : Mr.A.Srinivasan for Mr.V.Perumal For R1 : No Appearance For R2 : Mr.M.Senthilkumar For R3 : Mr.D.Sakkaravarthi

ORDER

The present writ petition has been filed to quash the order of the first respondent herein, under which the request of the petitioner for change of date of birth has been rejected on the ground that the previous records of the writ petitioner indicate the date of birth as 24.04.1969 only.

2. According to the learned counsel for the petitioner, the correct date of birth of the petitioner is 25.04.1969. The same is reflected in SSLC mark statement and Higher Secondary Course certificate. However, when the petitioner joined the third respondent institution for studying B.Sc., Zoology, they have issued a Transfer Certificate, in which the date of birth has been erroneously mentioned as 24.04.1969 instead of 25.04.1969. The same mistake has been carried forward when 2/6

the petitioner had joined for P.G course in the second respondent institution. The said error has also been carried forward when the petitioner had joined the first respondent institution in B.Ed., course.

3. The SSLC and HSC mark statements of the writ petitioner indicate the date of birth of the petitioner as 25.04.1969. However, when the petitioner had joined the UG course before the third respondent institution herein, erroneous date of birth has been entered into. On 11.07.2014, the third respondent institution has addressed a letter to the writ petitioner that on production of the original Transfer Certificate, the corrections would be carried out. However, since the petitioner has joined second respondent institution for pursuing his PG decree, he could not produce the original Transfer Certificate.

4. In view of the above said facts, the third respondent institution is directed to issue a duplicate Transfer Certificate incorporating the correct date of birth of the petitioner as 25.04.1969. Based upon the said corrected Transfer Certificate, the second respondent institution is directed to issue a fresh Transfer Certificate incorporating the correct 3/6

date of birth of the petitioner as 25.04.1969. Thereafter, the petitioner has to approach the first respondent for rectifying the defect in the Transfer Certificate and the consolidated mark statements. All the respondents shall complete the said exercise within a period of twelve (12) weeks from the date of receipt of application in their respective colleges.

5. With the above said observations, this Writ Petition stands allowed. No costs.

25.07.2022 gbg Index :

Yes / No Internet :

Yes / No To 1.The Director, Directorate of District Distance Education, Annamalai University, Annamalai Nagar-608 002.

2.The Principal, Ayya Nadar Janakiammal College, Sivakasi, 4/6

3.The Principal, S.R.Naidu Memorial College, Sattur, 5/6

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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