Writ petition filed to direct authorities to consider representation for altering date of birth from 1999 to 1996. Court disposed of petition at admission stage, directing respondent to consider representation and pass orders within eight weeks.
Direction to consider representation and pass orders within eight weeks.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
MONDAY ,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 12902 OF 2024
Between:
Sri Muthukur Mahesh, S/o M.Srinivasulu, Male, aged about 28 years, R/o. D.No,9/12, Bodeddulapalli (V) of C,K,Dinne (M), Kadapa. YSR district, Andhra Pradesh,
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the action of respondent in not considering the representation dated 3/6/2024 to consider my original date of birth as 12/6/1996 which mentioned in the SSC in Open School instead of 12/6/1999 which mentioned in the 7th Class TC as per School Records
r
and also not considering the para 02 of G O.Ms.No,165 Fin and PigDepartment, dt 21/4/1984 and Rule 2 and 17 of AP PublicEmployment (recording and alteration of Date of Birth) Rules 1984isillegal,arbitraryand contrary to law and contrary to the APSS Rules andalsocontrarytothe principles of natural justice consequently direct the 3rd respondent to consider the representation dt 3/6/2024 and grant suchotherrelieforreliefs as are deemed fit and proper in the circumstances of thecase
lANO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition,theHighCourtmaybe pleased to direct the 3'^ respondent to consider myrepresentationdated 3/6/2024 to consider my original date of birth as 12/6/1996 which mentioned in the SSC in Open School instead of 12/6/1996 which mentioned in the SSC in Open School instead of 12/6/1999 which mentioned in the 7^" Class TC as per School Recordspendingdisposalof the main writ petition .
Counsel for the Petitioner{s): SRI. KUNUKU DURGA PRASAD
Counsel for the Respondent Nos.1 to 3: GP FOR SERVICES II
The Court made the following: ORDER
\
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12902 of 2024
Muthukur Mahesh, S/o M. Srinivasulu, Male, aged about 28 years, R/o D.No.9/12, Bodeddulapalli (V) of C.K. Dinne (M), Kadapa, YSR District, Andhra Pradesh.
... Petitioner
Versus
The State' of A.P., Rep. by its Chief Commissioner, RBK and Special Chief Secretary, Agriculture and Cooperation Department, Amaravati, Velagapubi, Guntur District, A.P. and two others.
Counsel for the petitioner
Counsel for respondents
/
ORDER
... Respondents. : Sri K. Durga Prasad : GP for Services-ll
The Writ Petition is filed seeking the following relief:
'b
\
“... to issue a writ, order or direction more particularlyonein the nature of writ of mandamus to declare the action of respondent in not considering the representation dated 3/6/2024 to consider my original date of birth as 12/6/1996 which is mentioned in SSC in Open School instead of 12/6/1999 which is mentioned in the 7'^ Class TC as per School Records and also not considering the para 02of G.O.Ms.No.165 Fin & Pig-Department, dt: 21/4/1984 and Rule 2 and 17 of AP Public Employment (recording and
1
Page 2 of 5
SRSJ WP No. 12902 of 2024
alteration of Date of Birth) Rules, 1984’ is illegal, arbitrary and contrary to law and contrary to the APSS Rules and also contrary to the principles of natural justice consequently direct the 3'^'* respondent to consider the representation dt: 3/6/2024 and grant such other relief or...”
Page 3 of 5
SRSJ WP No.12902of2024
f If
- Heard Sri K. Durga Prasad, learned counsel for the petitioner and Sri T. Beemanna, learned Assistant Government Pleader for Services - II, for respondent Nos.1 to3.
- Learned Assistant Government Pleader, on instructionsof respondent No.3, would Submit that pursuant to petitioner’s representation, respondent No.3 sought information from the District Education Officer, YSR District (hereinafterreferredtoas ‘DEO’), and DEO vide letter No.5327/C2/2023 dated 12.12.2023,. sent information stating that as per transfer certificate No.377637_ issued on 12.06.2011 by the Headmaster, MPUPS, J. Kothapalli, C.K. Dinne Mandal, YSR Kadapa District, the date ofbirthofthe petitioner is 12.06.1999. The instructions further disclose as
under:
“Further, it is submitted that, the representation of Sri.M.Mahesh, Office Subordinate (Attender), O/o District Agricultural Officer, YSR District regarding determination of Date of Birth, in terms of para 02 of G.O.Ms.No.165 Fin & Pig. Department, dated 21-4-1984 and rule 2 & 17 of A.P.Public Employment (Re'cording and Alteration of Date of Birth)Rules, 1984, is to be examined.”
- Learned counsel for the petitioner would submit that it would suffice' if a direction is given to the respondentstoconsider
; ) 1- )
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SRSJ WP No. 12902 of 2024
petitioner’s representation and pass appropriate orders in terms of G.O.Ms.No.165 Fin & Pig. Department, dated 21.04.1984 and A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984.
- Learned Assistant Government Pleader for Services-ll did not refute the said submission.
- Given the facts and circumstances of the case, without .going into the merits of the case, this writ petition is disposed of at the admission stage with the consent of both the learned counsel, directing respondent No.3 to consider the petitioner’s representation dated 03.06.2024, taking into consideration the letter, dated 12.12.2023 addressed by DEO G.O.Ms.No;165 t Fin' & Pig. Department, dated 21.04.1984 and A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984, and pass appropriate orders within eight weeks from the date of receipt of a copy of this order. No costs.
As a sequel, pending miscellaneous petitions, if any,shall stand closed.
Sd/- K. TATA RAO DEPUTY REGISTRAR SEC OFFICER
//TRUE COPY//
HIGH COURT
TL
DATED:15/07/2024
ORDER
WP.No.12902 of 2024
DISPOSING OF THE WP WITHOUT COSTS
AL
1 issue framed by the court
Whether the authorities ought to consider the petitioner's representation to alter his date of birth based on SSC Open School records instead of 7th Class TC?
3 provisions across 3 enactments
Muthukur Mahesh
State Of Andhra Pradesh
Spl. Commissioner, Agriculture Department
District Agriculture Officer, Kadapa
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
