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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16^TH DAY OF JANUARY, 2020

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

REGULAR FIRST APPEAL No.929 OF 2011

BETWEEN

Sri. S.Chidananda Murthy,

S/o. Late C.Srikantachar,

Aged about 49 years,

Occ: Service,

R/o. No.639, I Floor,

10^th ‘E’ Main Road,

6^th Block, Rajajinagar,

Bengaluru-560010.

…Appellant

(By Sri. Amit Deshpande, Advocate)

AND

1.

State of Karnataka,

Rep. by Under Secretary,

The Education Department,

M.S.Building, Vidhana Soudha,

Bengaluru-560001.

2.

The Deputy Director of

Public Instructions,

North N-1, BEO,

Shikshakara Bhavan,

K.G.Road, Bengaluru-560009.

3.

The Secretary,

Karnataka State Secondary Education

Examination Board,

2

5^th Cross, Malleswaram,

Bengaluru-560003.

…Respondents

(By Smt. H.R.Anitha, HCGP)

This RFA is filed under Section 96 of CPC, against the

judgment

and

decree

dated

01.03.2011

Passed

in

O.S.No.3499/2010 on the file of the Additional City Civil

Judge, Bengaluru, dismissing the suit for the declaration

and injunction.

This RFA coming on for hearing, this day, the Court

made the following :

ORDER

The

plaintiff

in

O.S.No.3499/2010

is

the

appellant. By judgment dated 01.03.2011, the trial

court dismissed the said suit and hence this appeal.

The brief facts are as follows:

2. It is the case of the appellant that he was born

on 28.08.1962 at Manavarthapet Maternity Home,

Bangalore city. The Corporation also issued birth

certificate mentioning the date of birth as 28.08.1962.

3

He completed his high school education at Rajajinagar

Parents

Association

School

(RPAS),

Rajajinagar,

Bangalore and in the school records, the date of birth

was registered as 28.08.1962. He passed the SSLC

examination in the year 1978 and thereafter completed

the college education. He secured masters degree in

Geology and did Ph.D also. He was employed

temporarily in the Department of Mines and Geology

and his service was regularized on 26.09.2007. At the

time of opening the service book after regularization of

his service, the plaintiff was asked to furnish a

document in relation to his date of birth. At that time

the plaintiff noticed that in his SSLC marks card, the

date of birth was wrongly entered as 10.02.1960.

Noticing this mistake he approached his departmental

authorities to rectify the same. At that time he

produced the original documents to show that his

correct date of birth was 28.08.1962. The authorities

refused to rectify the mistake. Thereafter the plaintiff

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got issued a notice to the respondents on 14.12.2009

calling upon them to rectify the mistake in the marks

card. They did not take any action. Hence he filed a

suit seeking direction to respondents 2 and 3 for

correcting his date of birth in the SSLC marks card.

3. The respondents being the defendants in the

suit did not contest. The appellant himself tendered

evidence as PW-1 and produced 10 documents as per

Ex.P.1 to P.10. He was not cross examined by the

respondents. The trial court after considering the oral

and documentary evidence dismissed the suit by

recording the reasons that after completion of SSLC, the

appellant pursued higher education. He obtained

masters degree and obtained Ph.D. also. So when he

obtained admission to the colleges wherever he studied,

he himself should have declared his date of birth as

10.02.1960. This being the fact, if the plaintiff has

stated that he came to know in the year 2008 or 2009

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about the mistake or a wrong entry in the SSLC marks

card, it cannot be believed. He joined service in the year

1988 and for this reason he is estopped from bringing

the suit for declaration and mandatory injunction in the

civil court as Section 6 of The Karnataka State Servants

(Determination of Age) Act, 1974 (‘Act’ for