Kerala High Court
Shylaja S vs State Of Kerala on 5 November, 2025
2025:KER:83815
W.P.(C). No.3887 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 5TH DAY OF NOVEMBER 2025 / 14TH KARTHIKA, 1947
WP(C) NO. 3887 OF 2020
PETITIONER:
SHYLAJA S
AGED 53 YEARS
W/O. M.S VIJAYAN, 'ARUNIMA', NARANGAPPATTA,
MANNRKKAD-678 582, PALAKKAD DISTRICT
BY ADV SHRI.S.RAMESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE D.E.O.,PALAKKAD-678 001
3 THE MANAGER,
K.T.M.HIGH SCHOOL, MANNARKKAD, PIN-678 582,
PALAKKAD DISTRICT
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
05.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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W.P.(C). No.3887 of 2020
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VIJU ABRAHAM, J.
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W.P.(C) No.3887 of 2020
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Dated this the 5th day of November, 2025
JUDGMENT
The petitioner has approached this Court seeking the
following reliefs:
1. issue a writ of certiorari or any other appropriate writ,
direction or order calling for the records leading to Ext. P6
and quashing the same.
2. issue a writ of mandamus or any other appropriate writ,
direction or order directing the 1 st respondent to correct the
date of birth as per Ext.P12 G.O.
3. issue a writ of mandamus or any other appropriate writ,
direction or order declaring that Ext.P10 amendment to Rule
3 (1A) of Chapter VI of the K.E.R. so far as it affects the
accrued rights of the petitioner as per Ext.P12 is
unconstitutional and violative of Articles 14 and 16 of the
Constitution of India.
4. and grant such other and further reliefs as this Hon'ble Court
may deem fit and proper in the circumstances of the case
including cost.
2. The petitioner was working as High School Assistant
(H.S.A) at K.T.M. High School, Mannarkkad at the time of filing this
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writ petition and now, she has retired from service. She was
appointed as H.S.A. on 12.07.1993 as per Ext.P1. It is submitted
that the date of birth of the petitioner was wrongly shown in the
SSLC Book as 30.05.1966, whereas the correct date of birth is
24.09.1966. It was only later know to the petitioner about the said
mistake and the petitioner immediately filed an application for the
correction of date of birth, and in 2019, as per Exts.P3 and P4
proceedings, the date of birth was corrected in the birth certificate.
Later, for correction of the date of birth in the SSLC book, the
petitioner preferred Ext.P5 representation before the Government
for condoning the delay in seeking the correction of date of birth.
The Government without considering the provisions under the
Kerala Education Rules, issued Ext.P6 Order dated 02.09.2019
rejecting the representation stating that her request cannot be
considered relying on Exts.P10 and P11 Government Orders. The
petitioner attempted to get the copies of the said Government
Orders and thereafter obtained the Government Orders as per the
provisions of the Right to Information Act. The petitioner submits
that an amendment was introduced to Rule 3 (1A) of Chapter V of
the K.E.R. by Ext.P10 Government Order. The petitioner also
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submits that though the said amendment was made, the said aspect
was never intimated to the petitioner, as mandated in Ext.P11
Government Order. It is in the said circumstances that the
petitioner has approached this Court.
3. Heard the learned Government Pleader also, who opposed
the prayer of the petitioner.
4. Admittedly, the petitioner entered in service as HSA on
12.07.1993. Ext.P11 Government Order was in force at the time of
appointment of the petitioner, wherein a specific mandate has been
provided to the effect that the correction of school records shall be
made by the employees within a period of 5 years from the date of
their entry in service. Later, by Ext.P10, an amendment was
carried out to the Kerala Education Rules, which mandates that in
case of applicants who attained the age of 50 years, Government
shall consider application for condonation of delay for correction of
date of birth in school records on merits on case to case basis,
provided it shall not be used for extending any service, getting any
job or availing any service benefits including correction of date of
birth in service records in Government/Semi-government/Public
Sector Undertakings.
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5. While the petitioner was in service, Ext.P11 order was in
force, which stipulated that the correction of date of birth in case
of Government employees shall be made within a period of 5 years
from the date of entry in service. Further, the application for
correction was filed by the petitioner only in the year 2019,
wherein Ext.P10 was also in force. Taking into consideration the
fact that the application was filed by the petitioner when these
Exts.P10 and P11 Government Orders were in force and the
petitioner is bound by those, I find no reason to interfere with
Ext.P6 order, whereby the request of the petitioner was rejected.
Accordingly, the writ petition is dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
sm/
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APPENDIX OF WP(C) 3887/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER BY THE MANAGER ALONG WITH THE
APPROVAL ORDER ISSUED BY THE D.E.O.,
PALAKKAD DATED 12.7.1993
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE
SSLC BOOK OF THE PETITIONER
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED
13.6.2019 ISSUED BY THE SUB DIVISIONAL
MAGISTRATE, OTTAPPALAM
EXHIBIT P4 TRUE COPY OF THE CORRECTED BIRTH
CERTIFICATE DATED 27.6.2019 ISSUED BY THE
MANNARKKAD MUNICIPALITY TO THE PETITIONER
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED
10.7.2019 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 2.9.2019
ISSUED BY THE GOVERNMENT
EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED
9.12.2019 SUBMITTED BY THE PETITIONER
ALONG WITH THE REPLY GIVEN BY THE DEPUTY
DIRECTOR OF EDUCATION, PALAKKAD UNDER THE
RTI ACT AS PER COMMUNICATION DATED
24.12.2019
EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED
9.12.2019 SUBMITTED BY THE PETITIONER
BEFORE THE D.P.I. ALONG WITH THE REPLY
GIVEN FROM THE OFFICE OF THE D.P.I AS PER
COMMUNICATION DATED 21.1.2010 UNDER RTI
ACT
EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED
19.12.2019 ISSUED BY THE GOVERNMENT TO
THE PETITIONER UNDER THE R.T.I, ACT
PROVIDING COPY OF THE G.O.DATED
15.12.2014
EXHIBIT P10 TRUE COPY OF THE ORDER, G.O(P)
NO.274/2014 DATED 15.12.2014 ISSUED BY
THE GOVERNMENT
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EXHIBIT P11 TRUE COPY OF THE ORDER,G.O(P) NO.45/91 P
AND ARD DATED 30.12.1991 ISSUED BY THE
GOVERNEMNT
EXHIBIT P12 TRUE COPY OF THE ORDER,G.O(P) NO.45/91 P
AND ARD DATED 27.8.1991 ISSUED BY THE
GOVERNMENT
