Central laws regarding record corrections prevail over state regulations, permitting date of birth amendments in educational records.

ORDER :

1. Challenging the order of the fifth respondent rejecting the petitioner's request for rectification of birth certificate with 10^th, 12^th marksheets and transfer certificate that there is no provision to correct the date of birth in the marksheets/transfer certificate after issuance of Transfer Certificate.

2. The case of the petitioner her father Palaniappan who was working as office assistant at the first respondent office died in harness on 18.09.2023 leaving behind two his daughters, one Kavitha and the petitioner herein as his legal heirs. On 21.10.2024, the petitioner has preferred an application to the first respondent seeking for compassionate appointment, the first respondent has informed the petitioner about the discrepancy with regard to the date of birth in the birth certificate and the 10^th, 12^th and transfer certificate. Therefore, the petitioner had made a representation to the respondents 2 to 5 for rectification of the date of birth with the correct date of birth. The 5^th respondent vide impugned order rejected the request of the petitioner vide impugned order. Challenging the said order, the present writ petition has been filed.

3. The learned counsel for the petitioner submitted that the issue involved in the writ petition is no longer res integra and further submitted that already the Hon'ble Apex Court as well as this Court has dealt with similar issue and has held in favour of similarly situated person like the petitioner and in support of his contentions, he relied upon series of decisions, which are as follows:

(i) decision of the Hon'ble Apex Court reported in (2021) 7 SCC 535, Jigya Yadav (Minor) Vs. Central Board of Secondary Education

(ii) decision of the Hon'ble Division Bench of this Court in W.A. No. 3798 of 2019, S. Indumathi Vs. The Chief Secretary to Government dated 09.12.2019

4. Per contra, the learned Additional Government Pleader submitted that as per Rule 5 of the Secondary School Leaving Certificate Rules, correction of date of birth in School records cannot be entertained after the candidates leave the School and hence the Director and Joint Director of School Education have given written instruction to the Educational Authorities not to entertain alteration of date of birth and alteration in date of birth, if any, has to be made before completing SSLC in the respective Schools. Further, he would submit that in the present case, the petitioner completed his School education much earlier and after lapse of several years, he made representation seeking correction in his date of birth, which cannot be entertained.

5. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Heard both sides and perused the materials placed on record.

6. The facts are not in dispute. It is the admitted fact that the petitioner completed her School Education much earlier and thereafter she came to know that the date of birth was wrongly entered in the School Leaving Certificate. The petitioner is in possession of the birth certificates issued by the respective public Authorities and based on that, the petitioner made representation to the School Authorities seeking correction in their date of birth in the School records, however, her request was rejected on the ground that there is no provision to correct the date of birth in the marksheets/transfer certificate after issuance of transfer certificate.

7. It is the contention of the learned Additional Government Pleader that as per Rule 5 of the Secondary School Leaving Certificate Rules, correction in the date of birth, name, initial, have to be made b