The court ruled that correction of the date of birth in service records cannot be claimed as a fundamental right, especially after a significant delay, which can adversely affect other employees' opportunities.

JUDGMENT /ORDER :

The petitioner is seeking a direction to the respondents to rectify the date of birth of the petitioner in the Service Records as 03.03.1969 instead of 01.07.1967.

2. The petitioner was selected as Secondary Grade Teacher in the year 1998 and he joined as an Apprentice Teacher in Gollagudem Primary School in Tiruvuru Mandal of Krishna District. It is submitted by the learned Counsel for the petitioner that soon after joining service the petitioner informed the Mandal Educational Officer that the age of the petitioner was wrongly entered in the Service Record and that the petitioner was born on 03.03.1969 as is mentioned in the S.S.C. Certificate.

3. It is further submitted that the petitioner was informed by the Mandal Educational Officer that the date of birth correction can be done only after completion of apprentice period. It is further submitted that after completion of apprentice, the petitioner approached the Mandal Educational Officer seeking correction of date of birth. The petitioner made a representation on 12.08.2010 seeking change of date of birth, however, there was no rectification of the Service Record as requested by the petitioner. It is also submitted that, the petitioner intended to apply for Group-I Examinations and other competitive examinations. However, inaction on part of the respondents in altering the date of birth as desired by the petitioner has denied the petitioner opportunity to appear for competitive examinations.

4. It is submitted that, G.O. Ms. No.165, Finance and Planning (Fin.Wing-F.R.I) Department, dated 21.04.1984 contemplates the procedure to be adopted for effecting rectification of date of birth in Service Records. However, the process was not followed by the respondents.

5. The learned Government Pleader for School Education, submits that the petitioner having joined the service in the year 1998 has come up for the first time on 12.08.2010 with a request to rectify his date of birth in the Service Record. The inordinate delay on part of the petitioner in approaching the respondent authorities seeking rectification of his date of birth is unexplained. The petitioner approached the respondent after 12 years of service. It is submitted that, no employee can claim that their date of birth was erroneously recorded in service after lapse of more than 10 years.

6. The learned Government Pleader placed reliance on the following judgments Secretary and Commissioner, Home Department and others v. R. Kirubakaran , 1994 Supp. (1) SCC 155; Karnataka Rural Infrastructure Development Limited v. T.P. Nataraja and others , (2021) 12 SCC 27 and in the matter of Sanyasi Rao v. The High Court of Andhra Pradesh , WP No.26262 of 2012 , decided on 30.01.2024, of High Court of Telangana at Hyderabad.

7. The petitioner has filed a copy of Birth Certificate issued on 13.08.1994, the same is issued by Mandal Revenue Officer, Chandarlapadu Mandal, Krishna District. The learned Counsel for the petitioner also places reliance on G.O. Ms. No.165, Finance and Planning (Fin.Wing-F.R.I) Department, dated 21.04.1984, whereby, the Government prescribed the procedure for Recording and Alteration of Date of Birth.

8. Heard the learned Counsel for petitioner and the learned Government Pleader for School Education and perused the material available on record.

9. As seen from the representation of the petitioner dated 12.08.2010, the petitioner has approached the r