Petitioner sought a writ of mandamus directing the respondents to consider his representation to correct an erroneously entered date of birth in his SSLC and HSC certificates to that shown in his birth certificate.
Directed the respondents to consider the representation, verify records, and pass appropriate orders within twelve weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.13656 of 2016
B.Moynudheen
...Petitioner
Vs
1.The Director of School Education, DPI Complex, College Road, Chennai – 6. 2.The Director of Government Education, DPI Complex, College Road, Chennai – 6. 3.Dr.Gurusamy Mudaliar T.T.V. Higher Secondary School, Rep. by Headmaster, Sowcarpet, Chennai – 79. ...Respondents
[R3 impleaded as per order dt.04.11.2016 in W.M.P.No.12787 of 2016]
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation dated 25.03.2016 seeking to correct his date of birth in the SSLC and HSC Certificates as 22.11.1989 as per birth certificate instead of 22.11.1990.
For Petitioner : Mr.N.A.Nassir Hussain for Mr.N.A.Nissar Ahmed
For Respondents
R1 : Mr.M.S.Arasa Kumar Government Advocate R2 : Mr.D.Ravichander Special Government Pleader R3 : No appearance
O R D E R
The relief sought for in the present writ petition is to direct the respondents to consider and pass orders on the petitioner's representation dated 25.03.2016 seeking to correct his date of birth in the SSLC and HSC Certificates as 22.11.1989 as per birth certificate instead of 22.11.1990.
2.The petitioner states that his actual date of birth was 22.11.1989, however, the date of birth has been erroneously entered as 22.11.1990 in the SSLC and HSC certificates. Therefore, the petitioner submitted a representation to alter the date of birth in the School records. The said representation has not been considered and therefore, the petitioner is constrained to move the present writ petition.
3.The learned counsel appearing for the petitioner states that the petitioner is not in Government service and in order to correct his date of birth for other purposes, he submitted an application before the respondents.
4.This Court is of the considered opinion that the petitioner claims the date of birth based on his birth certificate on the ground that the date of birth has been erroneously entered in SSLC and HSC certificates. Under these circumstances, the respondents are directed to consider the representation submitted by the writ petitioner by verifying the records and if necessary, by conducting an enquiry 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.
5.With these directions, the writ petition stands disposed of. No costs.
// True Copy //
Sub Assistant Registrar
cse
To
1.The Director of School Education, DPI Complex, College Road, Chennai – 6.
W.P.No.13656 of 2016
GJ(CO) RVM(25/01/2022)
1 issue framed by the court
Whether the respondents are directed to consider the petitioner's representation to correct the date of birth in his SSLC and HSC certificates.
1 provisions across 1 enactments
B.Moynudheen
The Director of School Education, DPI Complex, College Road, Chennai
The Director of Government Education, DPI Complex, College Road, Chennai
Dr.Gurusamy Mudaliar T.T.V. Higher Secondary School, Rep. by Headmaster
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
