HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.34231 OF 2023

ORDER:

Heard Sri P.V.Krishanaiah, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for Services-I I appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ, Order or Direction more particularly one in the nature of a writ of Mandamus under Article 226 of the Constitution of India declaring the proceedings Rc.No.Zone-5/PWR/8/2023, dated 15.11.2023 issued by the 1^st respondent as arbitrary, illegal, malafide, void and unconstitutional, violating Articles 14, 16 and 21 of the Constitution of India and set aside the same; issue consequential direction directing the 2^nd and 3^rd respondents to forthwith alter the date of birth of the petitioner in the S.S.C. Certificate Bearing No. A 018123 and Roll No. 388528, dated March, 1984 in pursuance of the proposal sent by the Headmaster Z.P.P.S.S. Boys, Gudur Village, Gudur Mandal, Mahabubabad District in pursuance of the representation made by the petitioner dated 19.09.2023 as directed by the 2^nd respondent, further direct the 1^st respondent to alter the date of birth of the petitioner in the Service Register as 26.10.1967 instead of 01.04.1965 in pursuance of the alteration by the 2^nd and 3^rd respondent in S.S.C Certificate of the petitioner, pending disposal of the Writ Petition and further direct the 1^st respondent to allow the petitioner to continue in service treating his date of birth as 26.10.1967 instead of 01.04.1965 and pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

The petitioner, belonging to the Scheduled Caste community, was initially appointed as a Health Supervisor under the jurisdiction of the 1st respondent on a contractual basis on 28.08.2002, and the petitioners services were subsequently regularized with effect from 01.10.2007.

It is specific case of the petitioner that the petitioner’s grievance pertains to the erroneous recording of his date of birth during his early schooling. The petitioner’s date of birth was originally recorded as 26.10.1967 in the admission register of 1st Standard. However, it was altered to 1966 in 2nd Standard, and later to 01.04.1965 in 3rd Standard, without any parental consent or supporting documentation. This erroneous date of birth, 01.04.1965, continued through out the petitioners academic records, including the 10^th Class, and subsequently reflected in the SSC certificate issued by the Board.

Upon realization of this error after the petitioners regular appointment, the petitioner made efforts to correct the discrepancy. The petitioner obtained the relevant school records and submitted a representation dated 04.04.2016 to the respondents, requesting correction of the petitioner’s date of birth in the service records to reflect the correct date as

26.10.1967.

As the said representation remained unaddressed, the petitioner approached this Hon’ble Court by filing W.P. No. 30869 of 2017, which was disposed of on 24.04.2023, directing the 1st respondent to consider the petitioner’s representation and pass appropriate orders in accordance with law.

It is further the case of the petitioner that pursuant to the Court’s direction, the petitioner once again submitted detailed representations to the respondent Nos.1 to 3, enclosing all relevant documents in support of the petitioner’s claim. The 2nd respondent directed that the correction proposal be routed through the proper educational hierarchy. Complying with this directive, the petitioner submitted the proposal through the Headmaster, the Mandal Educational Officer (MEO), and the District Educational Officer (DEO), Mahabubabad. The DEO, vide proceedings dated 27.09.2023, acknowledged the request and sought submission of the correction proposal in the prescribed format.

While the proposal for correcti