Dismissed

K.Anjan Kumar, v. The State of Andhra Pradesh

Andhra Pradesh HC14 Feb 2024WP/21168/2013

Case brief

AI extract

What is this about?

Petitioner sought writ of Mandamus to correct his date of birth on SSC certificate which was admitted as 29.02.1989 instead of correct 29.12.1989. Application was made six years after course completion. Court dismissed petition holding application barred by G.O.Ms.No. 430 mandating correction within three years.

What did the court decide?

Dismissal of writ petition to correct date of birth in SSC certificate due to lapse of limitation period.

K.Anjan Kumar, Vs The State of Andhra Pradesh — Education and Admissions | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 21168 OF 2013

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Between:

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K.Anjan Kumar,, S/o K.Bhaskar Naidu, Aged about 24^years,Occ : Pvt. Employee R/o. TCS 472892, TCS Campus, Hyderabad ...PETITIONER

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AND

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The State of Andhra Pradesh,, Rep., by its Principal^Secretaryto Government, Education Department, Secretariat, Hyderabad.

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The District Educational Officer,, Anantapur District,^Anantapur.

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The Deputy Educational Officer,, Gooty, Anantapur^District

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The Head Master, Vivekananda Telugu Medium High^{School,Gooty,} Anantapur District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased to Issue a writ of Mandamus declaring the G.O.Ms.No. 1263 dt 06 05 1961 and G.O.Ms.No. 430 dt. 31.12.1992 and Proceedings of 2 respondent in Rc.No. 5616/C2/2010 dt. 26.4.2011 and^{setasidetheG.O.Ms.No.} 430 Education (EEl) Department dt. 31.12.1992 and Rc.No.^5616/C2/2010 dt. 26.4.2011, as being illegal, arbitrary and contrary^{totheprinciplesofnatural} justice and direct the respondent No. 2to correct petitioner^date of birth as 29.12.1989 in his SSC. No. 0523708, and issue new certificate^{withcorrectdate} of birth in the interest of justice ^

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l.A. NO: 1 OF 2013(WPMP. NO: 25931 OF 2013)

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHigh-Courtmaybepleased} suspend the operation of G.O.Ms No.1263 dt.06-05-1961 and G.O.Ms.No.430 dt.31-12-1992, pending disposal of the writ petition, in the interest of justice pending disposal of the above writ petition.

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Counsel for the Petitioner(s):SRI. CHETLURU SREENIVAS

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Counsel for the Respondent Nos. 1 to 4: GP FOR EDUCATION

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The Court made the following:

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-

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/■

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO; 21168 OF 2013

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ORDER:-

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following^relief:-

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“to issue a writ of Mandamus declaring the G.O.Ms.No.l263 dt.06.05.1961 and G.O.Ms.No.430 dt.31.12.1992 and Proceedings of 2"^ respondent in Rc.No.5616/C2/2010 dt.26.4.2011 and set aside the G.O.Ms.No.430 Education (EEI) Department dt.31.12.1992 and Rc.No.5616/C2/2010 dt.26.4.2011, as being illegal, arbitrary and contrary to the principles of natural justice and direct the respondent No. 2 to correct petitioner date of birth as 29.12.1989 in his SSC.No.0523708, and issue new certificate with correct date of birth in the interest ofjustice and pass”

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The petitioner herein was born on 29.12.1989. When the petitioner was admitted in the school, his date^ofbirth was entered as 29.02.1989 instead of 29.12.1989, which^is an error on behalf of the school authorities and the^samewas continued in the petitioner’s educational records. The petitioner has completed SSC in the year 2004 and had obtained certificate with the date of birth as 29.02.1989.^In

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the year 2010, when the petitioner has applied for passport, the application was not accepted due to wrong date^ofbirth.

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Thereafter, the petitioner made an application for correction of date of his birth in SSC certificate. The 2^^ respondent rejected the proposal of correction of the^dateof birth of the petitioner vide Rc.No.5616/C2/2010 dated 26.04.2011 quoting G.O.Ms.No.430 Education (EEl) Dept., dated 31.12.1992. Aggrieved by the same, the present writ petition is filed.

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On the other hand, learned Government Pleader for School. Education on instructions dated 05.04.2018 submitted that the petitioner has passed SSC exam in March, 2004 as a regular student and as per the office records^his date of birth is recorded as 29.02.1989, but, however,^hehas submitted an application after a lapse of six (06) years seeking correction of his date of birth as 29.12.1989 instead of 29.02.1989. However, the Government has initially^issued G.O.Ms.No.l263 Education, dated 06.05.1961 as per which. it was decided that applications for change of date^ofbirth may be considered which are made within a period of two (02) years. Thereafter, the Government has issued amended

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G.O.Ms.No.430, dated 31.12.1992, wherein the foUowing was

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decided:

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'The Director of School Education is empowered to entertain and to effect corrections or alterations^inrespectof or Alteration of the Date of birth the applications for Correction^ in completed SSLC/HSC/HSIMPj/SSC. However no application such correction/alteration of Date of Birth in the said for shall be entertained after a period of completed 3 certificates three years from the date of completion of the said course.

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counsel for the petitioner submitted 5. In reply, learned made without taking into that the above amendment is such as the instant case consideration the exceptional cases 29.02.1989 which was where the date of birth is recorded as not in calendar, as 1989 was not a leap year.

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Heard Sri Devaram Sri, learned Advocate appearing on behalf of Sri Chetluru Sreenivas, learned counsel for the Pleader for Education for petitioner and learned Government the respondents.

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record, it is 7. On perusal of the material available on evident that the petitioner herein has submitted an 2010, requesting the respondents to application in the year 29.12.1989 SSC records as correct the date of birth in fact is after a lapse of six (06) instead of 29.02.1989, which in

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years. But, on the other hand, the Government has issued G.O.Ms.No.430, Education (EE.l) Department, dated 31.12.1992, empowering the Director of School Education^to entertain and to effect corrections and alterations in respect of the applications made within a period of three years^from the date of completion of the said course, for Correction or Alteration of the date of birth m completed SSLC/HSC/HS(MP)/SSC. As the petitioner has submitted affidavit/application for correction of date of birth in SSC certificate beyond the period of limitation which is contrary to G.O.Ms.No.430, dated 31.12.1992, this Court is not inclined to pass any order.

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Accordingly, the Writ Petition is dismissed. There^shall be no order as to costs.

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Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed.

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SD/- E. KAMESWARA RAO DEPUTY REGISTRAR . SECTION OFFICER

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To,

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One CC to SRI. CHETLURU SREENIVAS Advocate [OPUC]

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Two CCs to GP FOR EDUCATION .High Court Of Andhra Pradesh. [OUT]

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Two CD Copies

HIGH COURT

DATED:15/02/2024

ORDER

WP.No.21168 of 2013

DISMISSING THE WRIT PETITION WITHOUT COSTS

K.Anjan Kumar, v. The State of Andhra Pradesh

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K.Anjan Kumar, v. The State of Andhra Pradesh

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