Chithra@ Vallinayaki v. The Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2019

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Chithra @ Vallinayaki ... Petitioner vs.

1.The Director, School Education Department, (Higher Secondary), 17, College Road, Ayiravilakku West, Subba Road Avenue, Nungampakkam, Chennai.

2.The Chief Educational Officer, School Education Department, Dindigul District, Dindigul.

3.The District Educational Officer, Educational Department, Dindigul District, Meenakshi Nayakkanpatti, Dindigul.

4.The Headmaster, Government Higher Secondary School, Manjanayakkanpatti, Palani Taluk, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to delete the date of birth of the petitioner's son, Thendral Thatchina, SSLC Mark Statement in Registration No.XMI8R15222884 and Exam No.5222884 and include his corrected date of birth as per the birth certificate issued by the Registrar of birth and deaths, Palani Municipality and consequently, to direct the fourth respondent to do the same exercise insofar as the petitioner's son's Transfer Certificate.

For Petitioner : Mr.S.Bharathi For R1 to R4 : Mr.C.Ramar Additional Government Pleader

O R D E R

This Writ Petition is filed for issuing a Writ of Mandamus, to direct the respondents 1 to 3 to delate the petitioner's son's date of birth in the SSLC Mark statement and include his correct 1/3

date of birth as per the birth certificate issued by Palani Municipality and consequently, to direct the fourth respondent to carryout the same in the transfer certificate of the petitioner's son.

2.By consent of both parties, the Writ Petition is taken up for final disposal at the stage of admission itself. 3.It is the case of the petitioner that her son, by name, Thendral Thatchina studying +2 in Government Higher Secondary School in Manjanayakkanpatti, Palani, Dindigul District. It is stated that the petitioner's son's original date of birth as per the birth certificate is 03.12.2003 and that by mistake, in the 10th Mark Statement and other records, the petitioner's son's date of birth is wrongly given as 28.07.2003. Stating that the mistake is inadvertent, the petitioner approached the respondents to change the entry of date of birth based on the birth certificate issued by Palani Municipality. The representation, dated 30.10.2019 sent by the petitioner to the respondents has also been acknowledged by the respondents.

4.Considering the facts and circumstances of the case, this Court is of the view that the respondents can be directed to consider the representation of the petitioner in accordance with law. Accordingly, this Writ Petition is disposed of with a direction to the respondents to consider the representation of the petitioner, dated 30.10.2019 and pass appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) Cmr To 1.The Director, School Education Department, (Higher Secondary), 17, College Road, Ayiravilakku West, Subba Road Avenue, Nungampakkam, Chennai.

2.The Chief Educational Officer, School Education Department, Dindigul District, Dindigul.

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3.The District Educational Officer, Educational Department, Dindigul District, Meenakshi Nayakkanpatti, Dindigul.

4.The Headmaster, Government Higher Secondary School, Manjanayakkanpatti, Palani Taluk, Dindigul District.

+1 CC to M/s.S.BHARATHI, Advocate ( SR-103552[F] dated 05/12/2019 ) +1 CC to SPL GP ( SR-103811[F] dated 06/12/2019 ) 05.12.2019 MK (20.12.2019) 3P 7C 3/3