The significance of birth certificates issued under the Registration of Births and Deaths Act, 1969, and the limitations on altering date of birth after a certain period from the date of appointment.

1. The relief sought for in this writ petition is to direct the respondents to consider the claim of the writ petitioner for alteration of date of birth in the Service Records of the writ petitioner based on the Birth Certificate issued by the Revenue Department on 07.08.2002, in accordance with the provisions of the University Statute, with consequential benefits.

2. The learned counsel for the writ petitioner made a submission that the writ petitioner is qualified with M.A., B.Ed., Ph.D., and Post Doctorate in Tamil. The writ petitioner was appointed as Lecturer in the Department of Tamil, in the Institute of Correspondence Education, now named as Institute of Distance Education in University of Madras, as per the order of the first respondent dated 21.01.2000. Subsequently, the petitioner was promoted to the post of Senior Lecturer in Career Advancement Scheme by following the UGC Guidelines and the Government Orders with effect from 21.12.2004. Further, the petitioner was promoted to the post of Associate Professor on 21.12.2012.

3. The writ petitioner claims that she is the fourth child to her parents and her date of birth is 23.09.1961. However, at the time of getting admission in the School, the date of birth of the writ petitioner was wrongly given by her parents as 09.06.1958, instead of 23.09.1961. In view of the erroneous entry made by the School Authorities, the writ petitioner has taken steps to alter her date of birth, after joined in the post of Lecturer.

4. The writ petitioner claims that she was appointed as Lecturer in Tamil in University of Madras on 21.12.2000, and the Birth Certificate was issued by the Revenue Department was on 07.08.2002, and thereafter, the writ petitioner was promoted to the post of Senior Lecturer by proceedings dated 13.12.2005. However, the petitioner made a representation to the respondent only on 16.3.2009. The said representation dated 16.3.2009, has been referred by the Registrar of University of Madras in his proceedings dated 31.03.2009. Thus, this Court has to consider the fact that the representation seeking alteration of date of birth was submitted by the writ petitioner only on 16.3.2009, after a lapse of about nine years from the date of appointment of the writ petitioner, as Lecturer on 21.12.2000.

5. As per Rules, an Application seeking alteration of date of birth can be entertained within a period of five years from the date of appointment. In the case on hand, the writ petitioner submitted an Application only on 16.3.2009, after a lapse of about nine years. Thus, the Application deserves to be rejected in limine by the authorities. This apart, the scope of alteration of date of birth in respect of the employees was considered by this Court in W.P.No.7988 of 2017, dated 12.7.2017. In Paragraph No.13 of the said order, it has been stated as follows:

“13. Parliament enacted the Registration of Births and Deaths Act, 1969 with a view to maintain accurate countrywide registration data for purposes of national planning, organizing public health and medical activities and various other socio economic welfare measures.

(i) Under Section 3(1), the Central Government has been authorized to appoint a person as Registrar General of India. Under Section 4, the respective State Governments are entitled to appoint a Chief Registrar for every State. Under Section 6, the State Government was empowered to appoint a District Registrar for each Revenue District and such number of Additional District Registrars as it thinks fit, who shall also discharge such functions as District Registrars subject to the general control and direction of the District Registrar. Under Section 7 of the Act, the State Government may appoint a Registrar for each local area comprising the area within the jurisdiction of a municipality, panchayat or other local authority or any other area or a combination of any two or more of them.

(ii) Under Sub-Section (2) of Section 7, every Registrar shall, without fee