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APHC010338672003 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-

AT AMARAVATI [3584]

WRIT PETITION NO: 27476 of 2003 C.V.Pavan Kumar ...Petitioner Vs.

Education (E. E. I) Department and Others ...Respondent(s)

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Reserved for orders on : 23.07.2026 Pronounced on : 07.08.2026 Whether only operative part : Full of the judgment is pronounced or whether full judgment is pronounced CORAM : T HE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN Present :

Advocate for Petitioner: Ms. Yamini Nikitha appears for Mr. J. Sudheer Advocate(s) for Respondent(s): Mr. Rama Chandra Rao Gurram, ld.

GP School Education, Higher Education & Technical Education LISA GILL, CJ.

Prayer in this writ petition reads as under:

“to issue appropriate Writ, order or direction particularly in the nature of Writ of Mandamus declaring the orders issued in G.O.Ms.No.430 Education, (E.E.I) dated 31.12.1992 and consequential impugned orders of the Commissioner and Director of School Education Andhra Pradesh, Hyderabad in Proceedings No.348/H2/2002, dated

29.04.2002, the District Educational Officer, Nellore Proceedings No.1140/A7/2002, dated 14.06.2002, the Collector and District Magistrate Nellore, Lr.L.Dis.G2.2040/2002, dated 02.04.2002 addressed to the Commissioner and Director of School Education, A.P., Hyderabad, as arbitrary, illegal and violative of principles of natural justice, Article 16 of the Constitution and Public Policy set aside the same in the interest of justice and consequently direct the respondents herein to alter the date of birth of the petitioner as

24.12.1976 instead of 14.06.75…”

2. Writ petitioner is essentially aggrieved of refusal of authorities to change his date of birth. It is submitted that petitioner was born on 24.12.1976 at G.M. Hospital, Nellore. Said hospital authorities intimated his date of birth to be 24.12.1976 to Registrar of Births and Deaths. However, at the time of his admission into Special Municipal Elementary School, Narsinga Rao Pet, Gudur in the year 1981, his date of birth was entered as 14.06.1975. Petitioner completed his SSC from G.S.R. Municipal High School, Gudur on 13.06.1991 and date of birth on his SSC Certificate was entered as 14.06.1975 on the basis of entry at the time of his admission to school. It is the case of petitioner that it was in the year 2002 that it came to his notice for the first time that his date of birth was not 14.06.1975, but 24.12.1976 and that date of birth reflected in school records and subsequently in SSC Certificate was incorrect. He applied to municipal authorities for issuance of birth certificate, upon which a certificate under Section 12/17 of Registration of Births and Deaths Act was issued, certifying his date of birth to be 24.12.1976.

3. Petitioner, thereafter, submitted a representation dated 25.02.2002, before District Educational Officer, requesting for rectification of an incorrect entry made in his SSC Certificate. District Educational Officer, Nellore, addressed letter to Head Master, G.S.R. Municipal High School, Gudur, who replied that date of birth of petitioner was entered as 14.06.1975 in the Elementary School at Gudur, which had been accepted by petitioner’s father and recorded in application form of admission and there was no mistake on the part of educational institution. A photocopy of admission form submitted by petitioner’s father was attached.

4. District Collector, Nellore, vide his communication addressed to Commissioner and Director of School Education, Hyderabad, stated that as per instructions issued in A.P. G.O.Ms.No.430, Education (E.E.I) Department, dated 31.12.1992, no application for correction/ alteration shall be entertained after a period of three years from date of completion of the said course. Petitioner, it is further stated, had applied for alteration of his date of birth after 10 years; thus, his claim was time-barred. Petitioner’s case was referred to District Collector for causing enquiry through