Karnataka High Court
Mr Ulavayya Shiddayya Pujeri vs The State Of Karnataka on 9 June, 2023
Bench: Chief Justice, M.G.S. Kamal
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NC: 2023:KHC:19765-DB
WA No. 1204 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 1204 OF 2022 (S-RES)
BETWEEN:
MR ULAVAYYA SHIDDAYYA PUJERI
S/O SHIDDAYYA PUJERI
AGED ABOUT 58 YEARS
ASSOCIATE PROFESSOR
S B ARTS AND K.C.P SCIENCE COLLEGE
VIJAYAPURA - 586 103.
R/AT No.32
SHREYA HOSPITAL BUILDING
BHAVASARNAGAR, JAIL ROAD
VIJAYAPURA - 586 101.
Digitally
signed by ...APPELLANT
SUMA B N
Location: (BY SRI. C.S. RASANNA KUMAR, ADVOCATE)
High Court
of Karnataka AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF COLLEGIATE EDUCATION
R/BY ITS PRINCIPAL SECRETARY TO GOVERNMENT
EDUCATION DEPARTMENT
(HIGHER EDUCATION)
M.S. BUILDING
BENGALURU - 560 001
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WA No. 1204 of 2022
2. THE COMMISSIONER FOR
COLLEGIATE EDUCATION
IN KARNATAKA
PALACE ROAD
BENGALURU - 560 001.
3. THE JOINT DIRECTOR OF
COLLEGIATE EDUCATION
REGIONAL OFFICE
F233+V5P, UB HILLS
MALMADDI
DAHRWAD - 580 001.
4. THE PRINCIPAL
S.B. ARTS AND KCP SCIENCE COLLEGE
VIJAYAPUR - 586 103.
5. THE KARNATAKA SECONDARY
EDUCATION EXAMINATION BOARD
R/BY ITS CHAIRMAN
6TH CROSS
MALLESHWARAM
BENGALURU - 560 003.
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR RESPONDENT Nos.1 TO 3
& 5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a)SET ASIDE THE
JUDGEMENT DATED 17/10/2022 IN WP NO.19616/2022.
b)GRANT SUCH OTHER RELIEFS OR ORDERS.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, M.G.S.KAMAL J., DELIVERED THE FOLLOWING:
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WA No. 1204 of 2022
JUDGMENT
Present appeal is filed against the order dated
17.10.2022 passed in W.P.No.19616/2022 by which the
writ petition filed by the appellant herein to set aside or
quash the endorsement (Annexure-A) dated 11.02.2013
bearing No.KasheEe/260/Ja.De.Thee/Seeve-2/2012-23 is
dismissed.
2. The above writ petition is filed by the
appellant/petitioner on the ground that he is working as a
Associate Professor in S.B. Arts and K.C.P. Science
College, an aided institution. That his date of birth at the
time of entering into service was recorded as 01.01.1963
instead of 22.9.1964. That he had filed a suit in
O.S.No.267/2003 seeking direction for correction of his
school records which was decreed. An appeal filed against
the said decree by the State authorities was dismissed.
That his date of birth in school records has been changed
from 01.01.1963 to 22.09.1964. That he had filed writ
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petition in W.P.No.6440/2008 which was disposed on
29.02.2012 directing the authorities to afford him an
opportunity of personal hearing and to pass appropriate
orders on his request for correction of his date of birth
based on the aforesaid judgment and decree. That an
endorsement at Annexure-A dated 11.02.2013 was issued
by the authorities stating that appellant/petitioner had not
made any application under Section 5 of the Karnataka
State Servants (Determination of Age) Act, 1974 seeking
correction of date of birth within three years as provided
under the Act. Aggrieved by the said endorsement dated
11.02.2013, the petitioner filed the present writ petition.
3. Learned Single Judge after hearing learned
counsel for the parties and on perusal of the records and
taking note of the judgment of the Apex Court in the case
of Karnataka Rural infrastructure Development
Limited vs. T.P.Nataraja and other reported in
(2021) SCC Online SC 767 and also in the case of
Home Department vs. R.Kirubakaran reported in
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[1991] Supp. (1) SCC 155 and taking into consideration
of the fact that the endorsement rejecting the claim of the
petitioner for correction of date of birth was issued on
11.02.2013 and the petitioner filed the present writ
petition on 24.09.2022 that is more than 9 years after
issuance of endorsement, held that the petitioner was not
entitled the relief sought for. The learned Single Judge
has also held that the correction of the date of birth
cannot be claimed as a matter of right that too on the eve
of his superannuation or at the fag end of his career.
Accordingly, dismissed the writ petition.
4. Learned counsel Sri.C.S.Prasanna Kumar,
appearing for the appellant/petitioner at the outset
submits that the appellant/petitioner has since retired
from the service on attaining age of superannuation. He
further submits that there was inordinate delay on the part
of the authorities in not considering the representation of
the appellant/petitioner which ought to have been taken
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into consideration before dismissing the petition on the
ground of delay.
5. There is no dispute that as per the provisions of
Section 5 of the Karnataka State Servants (Determination
of Age) Act, 1974 an application for correction of date of
birth is required to be filed within three years which has
not been done. That apart, endorsement rejecting the
request of the appellant/petitioner for correction of date of
birth was issued on 11.02.2013 and the appellant/
petitioner approached this Court after lapse of 9 years
from the date of issue of the endorsement. As rightly
observed by learned Single Judge, the petition suffers
from delay and laches on the part of the petitioner in
approaching the Court. Besides, admittedly
appellant/petitioner having retired from services on
attaining superannuation nothing survives for
consideration.
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6. The reasoning assigned by the learned Single
Judge in the impugned order cannot be found fault with.
No grounds are made out warranting interference.
Accordingly, the appeal is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RU
