Shirmila Jose v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR Shirmila Jose ... Petitioner /Vs./ 1.The Secretary, Board of Higher Secondary Examination, 2.The Secretary, Board of Secondary Education, 3.The Registrar of Birth and Death, Colachel Municipality, Colachel, Colachel Post, Kanyakumari District.
... Respondents PRAYER: Writ Petition - filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the first and second respondents to correct the date of birth as 10.09.1974 in accordance with the birth Certificate issued by the third respondent dated 15.04.2019 in the Higher Secondary Certificate bearing No.A.1962620 and in the Secondary School Leaving Certificate bearing S.No.A3929370 issued by them respectively.
For Petitioner : Mr.C.R.Nirmal For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader
ORDER
Mr.C.R.Nirmal, learned counsel on record for writ petitioner is before this Court.
2. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of all three respondents.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representations both dated 15.07.2019 wherein writ petitioner has sought correction of date of birth in Higher Secondary Certificate and Secondary School Leaving Certificate.
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5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the first and second respondents are directed to dispose of the aforementioned representations of the writ petitioner, both dated 15.07.2019, details of which have been alluded to supra.
6. Learned State counsel submitted that the first and second respondents are the respective authorities who shall consider the aforementioned representations both dated 15.07.2019 made by the writ petitioner (page Nos.5 and 6 of the typed set of papers forming part of the case file).
7. The aforementioned representations at Page Nos.5 and 6 of the typed set of papers both dated 15.07.2019 shall be disposed of by the first and second respondents respectively on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal shall be communicated by the office of the first and second respondents to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.
10. Instant Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (crl side) // True Copy // Sub Assistant Registrar(CS ) To 1.The Secretary, Board of Higher Secondary Examination, 2/3
2.The Secretary, Board of Secondary Education, 3.The Registrar of Birth and Death, Colachel Municipality, Colachel, Colachel Post, Kanyakumari District.
+1 CC to SPL GP ( SR-91933[F] dated 15/10/2019 ) +1 CC to Mr.M.P.HARIPRASAD, Advocate ( SR-92086[F] dated 16/10/2019 ) Order made in 14.10.2019 sm VB(23.10.2019) 3P 6C 3/3