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Madras High CourtWP(MD)/11717/2017disposed of

T.Padma Rani, W/O.Suresh, v. The Director,

2021-03-10Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Padma Rani ... Petitioner Vs.

1.The Director, School Education Department, College Road, Chennai-600 006.

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

3.The Headmaster, St.Mary Goretty Higher Secondary School, Manalikarai-629 164 Kanyakumari District.

4.The Presbyter Puthukudy Pastorate Church Puthukudy, Nagerkoil-629 001.

5.The Chief Educational Officer, Tirunelveli District Tirunelveli.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to forward the petitioner's representation dated 02.12.2016 to the first respondent and direct the first respondent to consider the same and alter the date of birth of T.Padma Rani as 06.05.1969 instead of 06.05.1965 within the time stipulated by this Court. For Petitioner : Mr.B.Charmurugan For R1, R2 & R5 : Mr.C.M.Marichelliah Prabhu Additional Government Pleader For R3 : Mr.K.Prabhu for M/s.Isaac Chambers

O R D E R

This Writ Petition is filed for direction to the third respondent to forward the petitioner's representation dated 02.12.2016 to the first respondent and directs the first respondent to consider the same and alter the date of birth of T.Padma Rani, as 06.05.1969 instead of 06.05.1965.

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2.The case of the petitioner is that she is working as Special Teacher in the Sewing Sector in Gurusankar Government Higher Secondary School in Munanjipatti, Tirunelveli District and she got an appointment as Special Teacher on 26.03.2012. Further the petitioner has averred that she wrote 10th and +2 Standard examinations and she got passed in that examinations. Thereafter, the petitioner obtained mark statement, wherein, her date of birth has been entered as 06.05.1965, but her original date of birth is 06.05.1969. The original date of birth has been entered into the "BAPTISM REGISTER" being maintained by the fourth respondent Church. After coming to know about the correct date of birth, the petitioner has made a representation on 02.12.2016 to the first respondent to alter the date of birth in the Register.

So far, no order has been passed. Hence, the present writ petition is filed. 3.The learned counsel appearing for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation within the time limit as fixed by this Court.

4.Heard the learned counsel appearing for the petitioner, learned counsel Additional Government Pleader appearing for the respondents 1, 2 and 5 and the learned counsel appearing for the third respondent.

5.Considering the facts and circumstances of the case, the petitioner was appointed as Special Teacher in the year 2012 and she made an application to alter her original date of birth in the year 2016. Since the petitioner has made an application within the limitation period of five years, this Court directs the first respondent to consider the petitioner's representation dated 02.12.2016 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Ns 2/3

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Director, School Education Department, College Road, Chennai-600 006.

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

3.The Chief Educational Officer, Tirunelveli District Tirunelveli.

+1cc to Mr.B.Charmurugan, Advocate Sr.NO.10414 +1cc to M/s.Isaac Chambers, Advocate Sr.No.10265 +1cc to Special Government Pleader Sr.No.10548 10.03.2021 NR(26.03.2021) 3P:7C 3/3