A. R. LAKSHMANAN, C. J.

( 1 ) PETITIONER Nadupuri Sanyasi Rao, now working as District Judge-cum-Chairman, a. P. Co-operative Tribunal at Vijayawada has filed the present Writ Petition seeking a writ of Mandamus for a declaration that he is entitled to get his correct date of birth i. e. , 29-3-1953 entered in all the concerned registers at the High Court level and at all other concerned offices by deleting the incorrect date of birth i. e. , 1-7-1949 and also for a consequential relief to quash the proceedings dated 13-11-1997 issued in roc. No. 4518/87-B. Section dated 11-12-1997 by the respondent herein as illegal and violative of Articles 14, 16, 21 and 311 of the Constitution of India.

( 2 ) HEARD Shri Surender Rao, learned Counsel for the Writ Petitioner and Smt. Bhaskara Lakshmi, learned Standing counsel for the A. P. High Court.

( 3 ) ACCORDING to the entry made in the Births and Deaths Register, the petitioner was born on 29-3-1953. He requested the officials of the Education Department to make necessary correction of his date of birth based on the entry made in the Births and Deaths Register. He issued a legal notice to the Secretary, Intermediate Board and others on 18-4-1982. Thereupon, he filed o. S,no. 61 of 1983 by impleading the district Collector, Visakhapatnam as defendant No. 1, the Secretary, Board of secondary Education, Andhra Pradesh as the second defendant, the Registrar, Andhra university, Waltair as the third defendant and the Commissioner of School Education, government of Andhra Pradesh as the fourth defendant. The suit was contested by the defendants 1 and 2. After contest, the suit was decreed by judgment and decree dated 28-2-1985. Thereafter, he requested the officials to make necessary correction in terms of the decree. In the meanwhile, the petitioner applied for the post of District munsif and he was selected as such. He was given an order of appointment and in pursuance thereof, he joined service on 7-10-1985 in Visakhapatnam District. The district Judge Visakhapatnam opened his service register on 30-12-1985. He has recorded his date of birth as 29-3-1953 based on the decree dated 28-2-1985 in O. S. No. 61 of 1983. However, he also entered his date of birth as 1-7-1949 as per H. S. C. Register. The defendants in O. S. No. 61 of 1983 have taken steps and made the necessary corrections in the S. S. C. Certificate of the petitioner. Ultimately, the Government of andhra Pradesh issued G. O. Rt. No. 1739 dated 9-12-1988 altering the date of birth entering in the H. S. M. P. SX. C, register from 1-7-1949 to 29-3-1953. Thereupon, the petitioner has made a representation to the a. P. High Court through the District Judge for making necessary entries in the records of the High Court which was forwarded by the letter of the District Judge dated 30-8-1989. The High Court by order dated 13-11-1997 in Roc. No. 4518/97-B. Section dated 13-11-1997 rejected his request by the following endorsement:"considered and since it is found that entry in respect of the date of birth in the service record has been made on the basis of the representation of the concerned officer/officers and materials produced including decree of Civil Courts do not inspire confidence, resolved that representations for alteration of dates of birth be rejected. "

( 4 ) THEREUPON/ the petitioner was advised to seek a review of the said order and he in fact preferred a review petition in the High court on the administrative side within time. He got it forwarded on 24-1-1998 through the District Judge, West Godavari. The Review Petition is still pending and has not been disposed of by the High Court. In the above circumstances, the petitioner has preferred the present Writ Petition with the prayer, as already stated above.

( 5 ) WE have summoned tor the records of the Writ Petitioner relating to the review petition from the High Court at the time of hearing of the matter and the entire records pertaining to the review petition were placed

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