Citation : 2025 Latest Caselaw 2010 Tel
Judgement Date : 11 February, 2025
THE HONOURABLE SRI JUSTICE P.SAM KOSHY
AND
THE HONOURABLE SRI JUSTICE NARSING RAO
NANDIKONDA
W.P.No.5924 OF 2017
ORDER:
(per Hon'ble Sri Justice P.Sam Koshy)
Heard Mr. Ashwani Kumar, learned counsel for the
petitioner and Mr. G.Vidyasagar, learned Senior Counsel
appearing for the respondent No.1/High Court. Perused the
record.
2. The present is a petition where the petitioner, who is
Judicial Officer under the Telangana State Judicial Services, has
sought for correction of the date of birth.
3. The petitioner has completed his secondary school
certificate course in March, 1980. In the secondary school
certificate, the date of birth is reflected as 05.04.1965.
The petitioner subsequently undertook his further educational
career and finally entered into judicial service on 23.10.2003.
Even at the time of seeking employment and all through his
educational career, the petitioner gave his date of birth as
05.04.1965 and it is same that is reflected in his service records as
well.
4. In the year 2015, the petitioner has got a birth certificate
issued by Amalapuram Municipality on 19.07.2015. In the said
certificate, the date of birth of the petitioner is reflected to be
one as 01.11.1965. It is on the basis of this another date of birth
which is reflected in the birth certificate of the municipality that
the petitioner has sought for correction of his date of birth in his
employment which would entail him an additional of around six
months service period.
5. So far as the correction of the date of birth is concerned,
it is by now well settled proposition that for all the practical
purposes, the correct date of birth for entry in the service record or
for that matter in any of the statutory records are concerned,
it would be the date of birth reflected in the secondary school
certificate. There does not seem to be any discrepancy on the date
of birth reflected in the service record vis-à-vis the date of birth
reflected in the secondary school certificate. Moreover, till date
there does not seem to be correction made or sought for in the
secondary school certificate also by the petitioner.
6. Recently, the Division Bench of this Court in the case of
Sanyasi Rao vs. High Court of Andhra Pradesh, Rep. by its
Registrar 1 had an occasion of dealing with somewhat similar
issue and in the said judgment in paragraph 33 has held as under:
"The petitioner did not make any attempt to get the date of birth corrected in his school records. Upon correction of date of birth in the school records, petitioner could have got the same corrected in the HSSLC as well. However, even this was not done. Therefore, as of today, both in school/college records as well as in the HSSLC, petitioner's date of birth continues to be reflected as 29.03.21953. Permitting petitioner to correct his date of birth in service record would result in incongruous situation where there would be different dates recorded in his school records/HSSLC and service records, which is impermissible:".
The said judgment factually also squarely applies in the instant
case as well.
2024 SCC OnLine TS 9
7. Given the said legal as also the factual position as is
reflected in the preceding paragraphs, we do not find any strong
case made out by the petitioner calling for issuance of any writ in
the nature of Mandamus directing the respondents for any
correction of date of birth sought for.
8. The writ petition thus fails and is, accordingly, rejected.
There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall
stand closed.
__________________ P.SAM KOSHY, J
_________________________________ NARSING RAO NANDIKONDA, J
11.02.2025 Lrkm
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