The petitioner has come forward with this Writ Petition seeking for the relief of writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the third respondent through his proceedings in Na.Ka.No.135949/B6-3/09 dated 17.08.2009 and quash the same and consequently direct the third respondent to implement the corrections of the Date of Birth in the Secondary School Leaving Certificated holding Registration Numbers 604542, 554138 & 701307 dated 21.06.2000, 27.12.2001 & 30.05.2002 respectively.

2. Mr. T.S. Mohamed Mohideen, learned counsel for the petitioner submits that the petitioner has applied for the post of Second Grade Constable on 17.07.2009 as the petitioner is qualified and competent for such post. It is submitted by the learned counsel for the petitioner that he was born on 30.10.1983 in Suguna Hospital, Sivagangai and the date of birth was registered with the second respondent by his father. But when the petitioner was admitted in the school by mentioning the date of birth as 01.06.1983 due to inadvertence. It is submitted that in view of the same, the said date of birth was also entered into the Secondary School Leaving Certificates. The learned counsel for the petitioner submits that in view of such defect occurred while the petitioner preferring his application for the above said post obtained the certificate mentioning the date of birth as 30.10.1983 from the second respondent under Registration of Births and Deaths Act, 1969 and Tamil Nadu Registration of Births and Deaths Rules 2000. It is contended that thereafter, the petitioner has not made any application before the Educational Authorities to make suitable correction in respect of the date of birth in the Secondary School Leaving Certificates book and as such, the petitioner has filed a writ petition in W.P.No. 5824 of 2009, seeking the relief of direction to call the petitioner for interview and the said writ petition is also pending. It is contended by the learned counsel for the petitioner that unless the entry made in the Secondary School Leaving Certificates mentioning the date of birth as 01.06.1983 is corrected by incorporating the correct date of birth as 30.10.1983, he may not be in a position to attent the interview on the ground of over age and therefore, the petitioner is constrained to approach this Court for the above said relief.

3. The learned counsel for the petitioner would contend that preference would be given to the certificate issued by the competent authority as per the Registration of Births and Deaths Act, 1969 as well as the Tamil Nadu Registration of Births and Deaths Rules 2000. In support of such contentions, the learned counsel for the petitioner placed reliance on the order of this Court in a similar matter dated 14.08.2008 passed in W.P.No.5929 of 2008. the learned counsel for the petitioner would also place reliance on the following decisions:

1. 1989 Writ L.R. (S.P. Chandra Mohan (Minor) Rep. by his father & natural Guardian Panneerselvam)

2. A.I.R. 1966 Patna 458 (Tata Iron & Steel Co. Ltd., Jamshedpur Abdul Wahab)

3. A.I.R. 1970 Calcutta 292 (Dalim Kumar Sain and Others Smt. Nandarani Dassi and Another)

4. A.I.R. 1999 SC 1587 (Santenu Mitra State of West Bengal)

4. Mr. V. Rajasekaran, learned Special Government Pleader would contend that the date of birth mentioned and recorded in the Secondary School Leaving Certificate is the earliest one and the said date was given by the father of the petitioner and as such, the date of birth mentioned in the Secondary School Leaving Certificate cannot be over looked. It is submitted that the present certificate obtained by the petitioner from the Municipal Authority is a subsequent one. The learned Special government Pleader further contended that only with a view to get the eligibility for attending the interview for the selection of Second Grade Constable, the petitioner has resorted to get the certificate from the Municipal Authori