Madras High Court
P.Soundararajan vs The Secretary To Government on 8 August, 2022
W.P.No.21088 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
W.P.No.21088 of 2017
P.Soundararajan .. Petitioner
Vs.
1.The Secretary to Government
Office of the School and Higher
Education Department
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Director,
Collegiate Education
DPI Complex, College Road,
Nungambakkam, Chennai – 600 006.
3.The Director,
Office of the Director of Higher Education
DPI Complex, College Road,
Nungambakkam, Chennai – 600 006.
4.The Chief Educational Officer,
Tirunelveli District,
Kokkarakulam, Tirunelveli – 627 002.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.21088 of 2017
5.The Headmistress,
Cathedral Higher Secondary School,
Palayamkottai – 627 002.
6.The Principal,
A.M.Jain College,
Meenambakka,
Chennai – 600 027. ..Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking issuance of Writ of Mandamus directing the respondents to consider
the petitioner's representation dated 27.03.2017 to hold a detailed enquiry
and issue him a correct Date of Birth Certificate.
For Petitioner : Mr.P.Ayyasamy
For Respondents : Mr.K.Suresh, Government Advocate
for R1 to R5
R6 – No appearance
ORDER
The petitioner seeks a Mandamus directing the respondents to
consider his request for change of Date of Birth.
2. Though this Court had in W.P.No.29556 of 2019 rejected such
request relying upon Rule 5 of the Secondary School Leaving Certificate
Scheme for award of certificates at the end of Standard X and Secondary
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W.P.No.21088 of 2017
Schools SSLC (X Standard New pattern) Public Examination 1978, the
same learned Judge in W.P.No.250 of 2022 after referring to the Tamil Nadu
Registration of Births and Deaths Rules 2000 and the judgment of the
Division Bench of the Madurai Bench of this Court in S.Indumathi Vs. The
Chief Secretary to Government dated 09.12.2019 held that the Tamil Nadu
Registration of Births and Deaths Rules will supersede Rule 5 of the
Scheme and following the decision of the Madurai Bench of this Court in
S.Rajesh Kumar Vs. The Secretary, Board of Higher Secondary
Education dated 18.09.2012 issued a direction to the Authorities to consider
the application made by the petitioner for making necessary corrections in
his school records. I find that the judgment dated 03.01.2022 in W.P.No.250
of 2022 would squarely cover the issue on hands. I do not see any reason to
take a different view.
3. Hence, the writ petition is allowed. A mandamus is issued
directing the respondents to consider the application of the petitioner dated
27.03.2017 for change in the Date of Birth based on the certificate issued by
the Authority under the Registration of Births and Deaths Act. The order
https://www.mhc.tn.gov.in/judis
W.P.No.21088 of 2017
shall be passed within a period of three months from the date of receipt of a
copy of the order in the writ petition. No costs.
08.08.2022
dsa
Index : Yes / No
Internet : Yes / No
Speaking order/Non-Speaking order
https://www.mhc.tn.gov.in/judis
W.P.No.21088 of 2017
To:-
1.The Secretary to Government
Office of the School and Higher
Education Department
Secretariat, Fort St. George,
Chennai – 600 009.
2.The Director,
Collegiate Education
DPI Complex, College Road,
Nungambakkam, Chennai – 600 006.
3.The Director,
Office of the Director of Higher Education
DPI Complex, College Road,
Nungambakkam, Chennai – 600 006.
4.The Chief Educational Officer,
Tirunelveli District,
Kokkarakulam, Tirunelveli – 627 002.
5.The Headmistress,
Cathedral Higher Secondary School,
Palayamkottai – 627 002.
6.The Principal,
A.M.Jain College,
Meenambakka,
Chennai – 600 027.
https://www.mhc.tn.gov.in/judis
W.P.No.21088 of 2017
R.SUBRAMANIAN, J.
dsa
W.P.No.21088 of 2017
08.08.2022
https://www.mhc.tn.gov.in/judis
