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2014 Supreme(AP) 1379
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Vilas V. Afzulpurkar, J.
Gogineni Gnana Jyothi – Appellant
Vs.
The State of Andhra Pradesh and Ors. – Respondent
Writ Petition No. 5659 of 2014
Decided On: 27.12.2014
Advocate Appeared
For Appellant/Petitioner/Plaintiff: B.V. Subbaiah, Senior Counsel for Krupachand Gogineni
For Respondents/Defendant: G.P.
Headnote:
Education law – Education and service matter – Andhra Pradesh Education Act - Petitioner questions proceedings of Commissioner and Director of School Education Andhra Pradesh Hyderabad whereby request of petitioner for correction of her date of birth in SSC Records and certificate was rejected on ground that said request was not made within three years as required - Petitioner states in affidavit that completed classes at Z.P. High School in year respectively - As per school records her date of birth is recorded - However in class marks memo issued by Board of Secondary Education date of birth of petitioner was shown as however supports her case by placing reliance upon transfer certificates issued by various schools - Where studied intermediate from but her date of birth is wrongly printed only in Secondary School Certificate as - Alleging that said certificate contains typographical mistake regarding date of birth father of petitioner made representations before school authorities on – However representation before Headmaster and Deputy Educational Officer was made only on – Held, Petitioners school certificates throughout mentions correct date of birth said mistake which occurred in SSC Board is apparently a clerical or typographical mistake and when the said mistake is brought to the notice of competent authority it ought to have corrected the said mistake itself inasmuch as the petitioner would be shown older by two years if date as per SSC Certificate is to be accepted date of birth of petitioner from primary level to class having been correctly recorded, mere recording of erroneous date by the SSC Board in its record obviously cannot put petitioner to a serious prejudice - Judgment of Division Bench in referred to above distinguished as said mistake cannot be attributed to petitioner - Parameters said therefore are not attracted as held by Division Bench - In view therefore aforesaid decision is clearly applicable to present case and as is required to be followed in this case also - Petition allowed (Para 9)
Vilas V. Afzulpurkar, J.
1. Petitioner questions the proceedings of the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad dated 06.09.2013 whereby the request of the petitioner for correction of her date of birth in the SSC Records and certificate was rejected on the ground that the said request was not made within three years as required under G.O.Ms. No. 430, dated 31.12.1992.
2. Petitioner states in the affidavit that she completed IX and X classes at Z.P. High School, Nidubrolu in the year 1981-82 and 1982-83 respectively. As per the school records, her date of birth is recorded as 01.08.1968. However, in X class marks memo issued by the Board of Secondary Education, the date of birth of the petitioner was shown as 01.08.1966. Petitioner, however, supports her case by placing reliance upon transfer certificates issued by various schools viz. 1) Primary School, Nidubrolu, for the years 1976-77 and 1977-78 relating to classes IV and V, 2) Z.P. High School, Jandrapet, Vetapalem Mandal, Prakasam District, for the years 1978-81 relating to classes VI to VIII, and 3) Z.P. High School, Nidubrolu, for the years 1981-82 and 1982-83 relating to Classes IX and X. Petitioner submits that all the school records right from Primary Level to High School Level mention her date of birth as 01.08.1968 including the college records in P.B.N. College, Nidubrolu, where she studied intermediate from 1983-85 but her date of birth is wrongly printed only in the Secondary School Certificate as 01.08.1966.
3. Alleging that the said certificate contains typographical mistake regarding date of birth, the father of the petitioner made representations before the school authorities on 23.12.1983 ad 05.08.1989. However, the representation before the Headmaster and the Deputy Educational Officer, Bapatla was made only on 14.10.2012. The Headmaster of the High School as well as the Deputy Educational Officer stated to have recommended petitioner's case after verifying the school records by pointing out that the entry in the SSC Certificate regarding date of birth may be a clerical mistake in the Board of Secondary Education. Petitioner states that all the schools where she studied are recognized schools under A.P. Education Act and the petitioner's grievance is genuine. However, under the impugned order dated 06.09.2013 the Commissioner and the Director of School Education rejected petitioner's request. Hence, the present writ petition is filed alleging that it is not a mistake of the candidate or her parent but is that of the SSC Board in not noting the correct date of birth as per the school records. Petitioner also submits that the basis of another ground in the impugned order, that the request was made after thirty years of petitioner passing SSC, is also factually incorrect as petitioner's father already made representations for correction of date of birth before the Headmaster, High School.
4. In support of the claim of the petitioner, reliance is placed upon judgment of the learned single judge of this court in W.P. No. 17793 of 2010, dated 27.07.2010, where a case of a similar mistake in noting the correct date of birth was sought to be corrected and in spite of recommendation in favour of the petitioner therein by the Deputy Educational Officer, Vikarabad and the District Educational Officer, R.R. District, the Commissioner declined to accept the request for correction. It is submitted that this Court already considered G.O.Ms. No. 430, Education (EE.I) Department, dated 31.12.1982 in the said decision and held that the mistakes in furnishing the particulars of date of birth at the time of entry into educational institution and where the educational institutions have correctly recorded the date of birth, stand of a different footing and accordingly, the said writ petition was allowed directing the Commissioner to correct the date of birth The said order of learned Single Judge was also confirmed in W.A. No. 1021 of 2010, dat
