Madras High Court
D.Prasanth vs The District Educational Officer on 28 September, 2021
WP No.18738 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2021
CORAM
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
W.P. No. 18738 of 2021
D.Prasanth .. Petitioner
Versus
1. The District Educational Officer
Sriperumbadhur
Kanceepuram District
2. The Director of School Education
DPI Campus, College Road
Chennai.
3. The Head Master
Sekkizhar Government Boys Higher Secondary School
Kundrathur, Chennai 600 069. .. Respondents
Petition filed under Article 226 of the Constitution of India, praying for
issuance of a Writ of Certiorarified Mandamus calling for the records
pertaining to Na.Ka.No.2025/A3/2020 dated 24.02.2021 of the first respondent
and quash the same and to direct the respondents 1 & 2 to correct the
petitioner's date of birth in the Secondary school leaving Certificate as well as
in the Higher Secondary Course Certificate in accordance with my birth
certificate.
For Petitioner : Mr. P. Sesubalan Raja
For Respondents : Mr. G. Krishnaraja
Government Counsel
https://www.mhc.tn.gov.in/judis/
1/6
WP No.18738 of 2021
ORDER
The petitioner seeks to quash the order dated 24.02.2021 issued by the
first respondent and consequently to direct the respondents 1 & 2 to correct the
petitioner's date of birth in the Secondary school leaving Certificate as well as
in the Higher Secondary Course Certificate in accordance with his birth
certificate.
2. According to the petitioner, his date of birth is 19.01.1994.
However, at the time of the admission in the Government Primary School at
Nandhimedu, the petitioner's parents had given his date of birth as 26.05.1993
instead of 19.01.1994. Due to poverty, he discontinued studies and got
Transfer Certificate. Thereafter, he had completed SSLC and HSC as private
student and also completed catering course. Thus, the 10th and 12th standard
mark sheets reflect the date of birth as 26.05.1993. Later, he got an
employment opportunity to serve as a caterer in shipping. The authorities
perused his certificates and found variance in the date of birth stated in the
birth certificate as well as the educational testimonials. They instructed to
correct the date of birth in the school certificate in accordance with the birth
certificate. In this context, the petitioner made a representation to the first
respondent requesting for correction in the school certificates. Based on the
https://www.mhc.tn.gov.in/judis/
WP No.18738 of 2021
representation, an enquiry was conducted and thereafter, the respondent passed
the order dated 24.02.2021 rejecting his representation. Feeling aggrieved,
the petitioner has come up with this writ petition for the aforesaid relief.
3. Upon notice, the first respondent filed a counter affidavit, inter
alia stating that the parents of the petitioner has given a wrong date of birth at
the time of his admission in the School. Once the parents has given a
particular date of birth in the declaration required for writing SSLC School
examination, they cannot attempt to correct it after a long time. As per
subsidiary Rule 5 of the SSLC scheme, request for alteration of date of birth
cannot be considered after the pupil has completed his school course, in the
mark sheet and the certificate received of SSLC and HSC by the student.
4. The learned counsel for the petitioner submitted that the issue
involved in this writ petition is already considered and decided by this Court
by an order dated 27.08.2020 in W.P. No.11295 of 2020, wherein this Court
directed the authorities to have corrections in the school certificates based on
the birth certificate issued by the competent authority, the operative portion
of which is usefully extracted hereunder:
“5. In view of the above judgement, there shall be a
https://www.mhc.tn.gov.in/judis/
direction to the second and third respondents to consider the
WP No.18738 of 2021
birth certificate of the petitioner and deal with the
representations made by the petitioner on 02.03.2020 and
27.05.2020and make necessary changes in the 10th standard
mark sheet certificate and 12th standard mark sheet
certificate and change the date of birth as 13.11.1978. The
petitioner is directed to make a fresh representation to the
second and third respondents along with the copy of
representations dated 02.03.2020 and 27.05.2020 and also a
copy of this order. This exercise shall be completed within a
period of eight (8) weeks from the date of receipt of a copy of
the representation from the petitioner. "
5. By placing reliance on the aforesaid order, the learned counsel for
the petitioner submitted that the claim of the petitioner may be directed to be
considered by the respondents, in the light of the aforesaid judgment rendered
by this Court
6. The learned Government Counsel appearing for the respondents
has no serious objection for issuing such a direction to the respondents in the
light of the aforesaid order passed by this Court.
7. Considering the facts and circumstances of the case and having
regard to the submissions made by the learned counsel on either side and also
following the aforesaid decision, the impugned order is set aside and the
petitioner is directed to submit a fresh representation to the respondents along
with all relevant documents within a period of two weeks from the date of
https://www.mhc.tn.gov.in/judis/
WP No.18738 of 2021
receipt of a copy of this Order and on receipt of the same, the respondents
shall consider the claim of the petitioner and pass appropriate orders, on merits
and in accordance with law in the light of the judgment dated 27.08.2020
passed by this Court in W.P.No.11295 of 2020, within a period of six (6)
weeks thereafter.
8. Accordingly, this Writ Petition stands disposed of. No costs.
28.09.2021
Index : Yes/No
Internet : Yes/No
av/rsh
To
1. The District Educational Officer,
Sriperumbadhur,
Kanceepuram District.
2. The Director of School Education,
DPI Campus, College Road,
Chennai.
3. The Head Master,
Sekkizhar Government Boys Higher Secondary School,
Kundrathur, Chennai 600 069.
https://www.mhc.tn.gov.in/judis/
WP No.18738 of 2021
R. MAHADEVAN, J
av/rsh
WP No.18738 of 2021
28.09.2021
https://www.mhc.tn.gov.in/judis/
