( 1 ) THIS writ petition is directed against the order ROC No. 4518/95-B Section dated 13-11-1997 of the High Court of Andhra Pradesh rejecting the application of the petitioner dated 1-8-1979 to alter his date of birth from 15-6-1948 to 15-8-1949.

( 2 ) THE necessary and relevant facts leading to the filing of this writ petition be stated briefly as under:

( 3 ) THE petitioner was initially appointed as District Munsif in the Andhra Pradesh State Judicial Service on 16-8-1976 and he had undergone training for six months from 16-8-1976 to 15-2-1977 and after completion of the training, he was posted as District Munsif, Satyavedu on probation. By the Order in ROC No. 3524/83-B-2, dated 30-12-1983 of the Registrar (Administration) of the High Court of Andhra Pradesh, the petitioner was declared to have satisfactorily completed his period of probation in the cadre of District Munsif with effect from 22-1-1980. In other words, the petitioner was on probation as District Munsif till 22-1-1980. Subsequently, he was promoted as sub-Judge (now redesignated as senior Civil Judge) on 22-4-1986. Subsequently, he was promoted as District and Sessions Judge-Grade II in the month of March, 1992 and it is stated that he was further promoted as District and Sessions Judge-Gr. I with effect from 5-12-2000.

( 4 ) ON the basis of SSLC Certificate showing his date of birth as 15-6-1948, the date of birth of the petitioner was recorded in the Service Register as 15-6-1948. According to the petitioner, few days prior to 12-7-1979, he came to know that the date of birth recorded in the service register and certificates issued by the Elementary School, High School and College authorities showing his date of birth as 15-6-1948 is incorrect and his actual date of birth is 15-8-1949 after obtaining certified extract from the Register of Births and Deaths. The petitioner has stated that only in the year 1979, he noticed some of his elder and senior colleagues in the college were shown to be younger and that prompted him to apply for certified extract from the Register of Births and Deaths at Dhone. The petitioner immediately after obtaining the certified extract from the Register of Births and Deaths showing his date of birth as 15-8-1949 submitted a representation dated 1-8-1979 to the Chief Secretary, Government of Andhra Pradesh, requesting the Government to change his date of birth from 15-6-1948 to 15-8-1949, but there was no prompt response to his representation. Under the circumstance, the petitioner filed the suit OS No. 44 of 1981 on the file of the Principal District Munsif, Dhone against the Government of Andhra Pradesh represented by its Chief Secretary, for a declaration that this actual date of birth is 15-8-1949 and not 15-6-1948. The said suit was subsequently transferred to the file of the Principal District Munsif, Nandyal and the same was re-numbered as OS No. 302 of 1981. The said suit was contested by the Government contending that the date of birth of the petitioner was recorded as 15-6-1948 on the basis of the declaration made by the petitioner himself and the SSLC certificate produced by him as proof in support of that date. The suit was also contested on the ground that according to G. O. Ms. No. 344, dated 3-12-1980, the Government servant shall be estopped from questioning in any judicial or quasi-judicial or administrative proceedings, the correctness or validity of the date of birth entered in the service Register and that no Court or Tribunal shall have jurisdiction to adjudicate on the correctness of such date of birth and therefore the suit filed by the petitioner was not maintainable. The civil Court on the basis of the pleadings of the parties, framed the following issues for trial: Issues :1. Whether the plaintiff was born on 15-8-1949? 2. Whether the plaintiff is estopped from disputing the date of birth as entered in his service register ? 3. Whether this Court has no jurisdiction to entertain the suit?