K.T. SANKARAN, J.

1. The Petitioner applied before the Commissioner for Government Examinations, Thiruvananthapuram for correction of the date of birth recorded in the SSLC Book. The date of birth entered in the SSLC Book was 1.5.1962. According to the Petitioner, his correct date of birth is 18.5.1963. Before the Commissioner, the Petitioner produced Ext.P1 certificate of birth, issued by the local authority u/s 17 of the Registration of Births and Deaths Act, 1969. The Commissioner rejected the application as per Ext.P4 order dated 16.7.2009, which is under challenge in this Writ Petition.

2. The Petitioner was admitted in Standard I on 30.5.1967 and his date of birth was shown in the Admission Register as 1.5.1962. This date was shown in the SSLC Book also.

3. The reason stated in Ext.P4 for rejection of the application for correction of date of birth was the following:

The school records relevant in this case have been verified. The Petitioner was admitted to Std. I at CMS LPS Muhamma on 30.5.1967 with date of birth 1.5.1962. The request of the applicant is to alter the date of birth from 1.5.1962 to 18.5.1963. If the request is allowed the applicant would become an under aged student at the time of admission in Std.I i.e. having only 4 years and 12 days of age.

As per Rule 5 Chapter VI of K.E.R. no child who has not completed five years of age as on 1st June of the year of admission in Std.I shall not be admitted to any school.

In the above circumstances, the request of the applicant to alter the date of birth from 1.5.1962 to 18.5.1963 in the qualification certificate deserves no consideration and hence it is rejected.

4. The learned Counsel for the Petitioner submitted that the reason stated by the Commissioner for rejection of the application is contrary to the provisions of Rule 3 and Rule 10B of Chapter VI of the Kerala Education Rules.

5. The relevant portions of Rules 3, 5 and 10B of Chapter VI of the Kerala Education Rules are extracted below:

3. Alteration of date of birth etc.-- (1) The name of a pupil, his religion and his date of birth once entered in the Admission Register shall not be altered except with the sanction of the authority specified by Government in this behalf by notification in the Gazette. Applications for such alterations and corrections should be submitted by the parent or guardian, if the pupil is still on the rolls of any school and by the pupil himself if he is not on the rolls of any school. All such applications shall be forwarded through the Headmaster with satisfactory evidence. Court fee stamps to the value of One Rupee shall be affixed on such application.

(1A) A time limit of fifteen years from the date of leaving the school or the date of appearing for the S.S.L.C. Examination for the last time whichever is earlier is fixed for entertaining requests for correction of date of birth in school records by the Commissioner of Government Examinations.

Note: The Government shall consider requests for condonation of delay in making application for correction of date of birth in school records, in deserving cases, on merits, provided that the applicant is within 50 years of age as per the original entry in the school records.

(2) If the authority referred to in Sub-rule (1) is satisfied after necessary enquiries that the change applied for could be granted, he will issue an order to make the alteration. The alteration shall then be made in the Admission Register and the other connected records of the schools previously attended by the pupil as well as in the school in which he was studying at the time.

5. Age limits for Admission:- (1) No child who has not completed five years of age as the 1st June of the year of admission shall be admitted to any school except pre-primary schools.

10B. A pupil admitted to any Standard, if subsequently found to be underaged for admission to that standard, he/she shall not be promoted from the standard in which he/she is studying at the time of detection of the