Bonasi Kumara Swamy v. 1. The State of Telangana

Heard Sri V.T. Kalyan, tearned counsel appearing on behalf of the petitioner, and the learned Assastant Government Pleader for School Education appearing on behalf of the respondents.

2. The titioner aDDroached this Court seeki o the Draver as under: "...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned proceedings L. Dis' No. 272 / UMC / 2024, dated O7-OI-2O24 and 29-03-2025 wherein the respondents has rejected the case of the petitioner for correction of the Date of Birth as 08-05- 2008 as illegal, arbitrary and set aside the same by directing the respondents to correct the date of birth of the petitioner in the SSC memo and pass...." 3 The se of the etitioner in brief as oer the averments made bv the Detitioner in the affadavit e Dresentw rtt filed v the Det tioner lnsuooort of oetitionrsasu der: 2 SN. J \\,P t988.! 2025 - i) The petitioner's son, Master Bonasi Kumara Swamy who is a minor studied in various schools at Nagarkurnool and completed SSC in March 2024 from TSWRS, B'rjinepally. During the SSC Board Examinations, the petitioner came to know that the petitioner's son's Date of Birth was incorrectly recorded as 17.06.2006 in the school records and hall ticket, instead of the correct date of birth i.e., 08.05.2008. ii) Immediately, the petitioner approached the District Educational Officer, Nagarkurnool, i.e., Respondent No.3 who in turn recommended the correction of the date of birth to the Director of School Education, Telangana i.e., Respondent No.2. However, the Respondent No.2 rejected the request vide proceedings Dis.No.272/LtMC/2O24 dated

07.01.2025 and 29.03.2025, stating that all school records show the petitioner's son's date of birth as I7.06.2006, without taking into consideration of the fact that the correct date of birth of the petitioner is recorded as OB.O5.2OOB in the Birth Certificate, Community Certificate, Aadhaar Card, Bonafide Certificate of Sangamithra School, and other , SN. J wP_r988i 2025 documents. Aggrieved by the action of the respondents, the petitioners filed the present writ petition. 4 PERUSED THE RECORD (A) t n bv the res n No. t eD r h ol d D 7 2 to the su tss eofco r 2 5 n ton ofd ate ofb irth of tioner add DO den No.3 t.e.. Di extracted hereunder "The attention of the District Educational officer, Nagarkunool is invited to tfre refe.enie rlai above, wherein he has submitted tf," p[pri"f, f* correction of date of birth in the SSC memo Uea.inq Roll. No. 24281OO77O/March, 2024 in .espeit o? Bonasi Kumara Swamy, S/o Bonasi i"rri[f,'er_ student or TSWRS (B), Buinepally, Bijinepalty (M), Nagarkurnool District. . Further, after verification of the proposals submitted by the District eaucationat- Cifn."r, Nagarkurnool in all the records pertaining io ihe ""! candidate the date of birth is .uioiOJ 17.06.2006 and the same was concluUeO Uy tfre Mandal Educational Officer, aU;"r'puiiyl 4 SN. J wP l98lr3 2025 Nagarkurnool District. And it is a Darental :,r +]ta rrricfake G.O.Ms.No. 263 Edn. Deot., Dt: 06.os.1961. the correction cahnot be carried out. G<t rarf 'G ltA r Therefore, the District Educational Officer, Nagarkurnool is directed to inform the same to applicant and return the Original SSC Memo to the candidate through Principal concerned through speed post with acknowledgement due for record purpose. Further, the District Educational Officer, Nagarkurnool is instructed to verify such proposal with existing procedure and rules thoroughly before submitting to th is office. Hence, the original SSC Pass memo bearing Roll. No. 24281OO77O/March, 2024 is here with enclosed. " (B) The relevant oortion of the order imouqned oassed bv the resoondent No.2- the Director. School Education, Telanoana. Hvderabad vide L-Dis No.272lUMCl 2024 dated 29.03.2lJ25 ertainino to the subiect issue of correction of date of birth of the oetitioner addressed to the resoondent No.3-the District Education Officer, aoarkurnool is extracted hereunder The attention of Officer, Nagarkurnool is the District Educational invited to the reference 5 SN. J wP 19883 202s read above, and he is infr:rmed that after . the Original Admis;sion Register from verification of class 1't to 1Oth in respect of Bonasi Kumaia Swamy, S/o Bonasi Laxmaiah Ex-Student of TSWRS, (B), Bijinepally, Bijinepally (M), Nagarkurnool District it is found that the records are tarnpered and not feasible for correction. And the pre\rious orders vide reference 1st read above is "Holds Good.'. And he is requested to take necessary action in the matter accordingly. Hence, the original SSC pass memo and hall ticket bearing Roll No.24281OO77I/tttarch, 2024 along with is here with enclosed." (C) The counter affidavit has been filed on n "10. It is submitted that the 3rd respondent once again informing the developments taken place once again requested the Znd respondent to issue orders in Lr. Rc.No.A4l1824/2O25, dated.19.03.2025. The 2nd respondent after verifying the original admission register from Class I to X in respect of Sri Bonasi Kumara.swam y, it was After noticing the tampering in the records, further orders have been issued in 2nd respondent L.Dis.No.272lUMC/2024, dated 29.03.2015 duty informing that the orders issued in Rc.No.272lUMC/2O24, dated 07.O1.2025 hotds good.

11. It is submitted that though there are provisions for change under certain circumstances, 6 SN. J wP t9881 2025 in the instant case, the date of birth of the - *.s recorrlecl as 17'06'2006 while .""iia1," ;i'rriitir; the iandidate in class II in the school in 'iorl uv the parent' .r.h"':?ft::^.11"- ;;"' ;;;? candiiate has sought admission into an anotner ;.ir;;1";."., ;etins-ana social welfare Residential sir.]1"r ariirs 2o1d in which agaln the date oj b.irth ilt""nt"t"o-". L7.06.2006 based on the Aadhar ;;; -N;. ixxxxgzrz. Before submitting nominal ;i; ;"; the sSC public examinations' the Head Maiter /principal gives a format to the students to t;;ilbi witn ieta'irs viz., Name, surname' Father's f'1irn", fqotner's Name, Date of Birth etc After iri"i.ni"g the said details bv the.candidate /p:l"l! the said- details are re-verified with the school ;;;"rdt and then the nominal rolls for generation of ir"ir r,&",i are issued' In the instant case' all such oiocedu.es are compldted and the petitloners are of tt'" d"t"llt furnished to the schools ;;ii;;;; Oufo." iO.itting the candidate in the school and i*"itf'l"g J"t"iis to the nominal rolls for the SSC Based on such information and ouuii. I"*rai in" date of birth is incorporated in the ssc marks memo"' "*i.inutions. (D) Clauses 5 to 9 of G'O'Ms'No'1263' "5. If, however, an appllcant is not.-able to o.oduce-a .opv of his or her birth extract or if any of In"-J".r."tits referred to in rule 3 above are not i"[f, .".i"g, the applicant may submit his or her siating tne reasons as to why they are not "ppii."ti"" available. 7 sN. .l wP 19883_2025

6. On receipt of the application with tlt" io-tu]ll:nF mentioned in clauses tul io- ial of Rule 3 above' (if Ilr'.ir'i[ili,rr" nead of ichoot itratt after enclosins ".,:',","T? l?t il: do.r." nt. i n ori gi na I rn::,!:l:d, the certified extracts menrloneu rr I LrquJv r-r -- -' iif available), submit it immediately^to.ttte lat;b ;ilc'tlr- Ji puuric initruciions through the District Eiu*iionur officers concerned' -the ^'

7. On receipt of the application ' -tl" lo.rrnfn,.',i"n[on"a in pare -5 above the'Diredor shall forward it to the. [t'ttector of the District in "*illi"'',ri"'"ppricant was bo'rr for enquiry and report' *i:l

8. The Collector shall causes detailed :lgllity-to i" .oniuir"a, and shall have the facts of verified and investigated' He shall submit his recommendations along *itf' tt't" record of enquiry in 'the- original. s. on receipt "l -t"""-".1:i'r.|.ifl:.J:"t:,*1lJl: the orisinal reco.rd ot il;i""',i.,#" io--eOr.ution Instruction shall subn department for order"' It is the specific case of the petitioner that request for 5. correction of date of birth of petitioner's son in the SCC marks memo was made within the stipulated time as per G.O.Ms. No. 430, Education (E'E'I') Department issued by the then Government of Andhra Pradesh' dated 31'12'1992' However, the respondent No'2 passed impugned order vide 8 SN. J wP l988-',1 2025 L.Dis.No.272/Ut'4C/2024 dated 07.01.2025 informing the petitioner that, upon verification of the proposal submitted by the respondent No.3, all records pertaining to the candidate reflect the petitioner's son's date of birth as L7.06.2006. The respondent No.4-the Mandal Educational Officer, Bijnepally, Nagarkurnool District, concluded that it was a parental mistake and, as per G.O.Ms. No. 1263, Education Department, issued by the then Government of Andhra Pradesh dated 06.05.1961, such correction cannot be carried out. Subsequently, the respondent No.2 issued another impugned order vide L.Dis.No.272/UMC/2024 dated

29.03.20?-5, informing the respondent No.3 that, after verifying the original admission registers from Classes I to X, it is found that the records have been tampered and not feasible for correction and the previous orders dated

07.0L.2425 holds good.

6. The learned Assistant Government pleader for School Education appearing on behalf of the respondents placing reliance on the averments made at paragraph No.10 of the counter affidavit, contends that the records have been 9 SN, J wP 19883 2025 tampered with by erasing or overwriting the date of birth as

08.05.2008 on the originally recorded date of L7.06.2006, and therefore, correction of the date of birth is not permissible

7. The learned Assistant Government Pleader further submits that, as oer G.O.Ms.No.1253 issued bv the then Government of Andhra Pradesh, dated O6.O5.1961, Clauses 7 and 8, it is the Collector of the District who has to conduct a detailed enquirv pertainino to the request of the oetitioner. Upon receiot of the application and the documents relied upon bv the candidate seekinq correction of the date of birth, the Director shall forward the same to the Collector of the district for enou.jrv and reoort. The Collector shall then cause a detailed enouiry, verifv and investioate the facts of the case' and submit his recommendations along with the orioinal records of the enquirv. r0 .- SN. J \\,P- 19883 2025

8. A bare perusal of the record indicates that, in the impugned proceeding vide L.Dis.No.272/UMC/2024 dated

07.01.2025 issued by the respondent No.2, a specific plea had been taken that it was a parental mistake and, therefore, the correction cannot be carried out and the impugned order vide L. Dis.No.ZTZ/UMC/2024 dated

29.03.2025 issued by the respondent No.2, referring to the earlier order dated 07.01.2025, indicates that a specific plea had been taken that the records had been tampered with and, hence, correction is not feasible. This Court opines that the proceedings dated 07.01.2025 of the 2nd respondent indicates that it is a parental mistake. However, the proceedings dated 29.03.2025 of the 2nd respondent indicate a clear finding and an observation against the petitioner that the records are tampered. Hence, the respondent No.2 has taken two different stands with regard to the proposal submitted by the petitioner for correction of the date of birth in the SSC memo bearing Roll No. 24281007 7 O / March 2024. - SN. J wP l9EE3 2025 g. This court opines that a clear procedure is stipulated in clauses 5 to 9 0f the G.o.Ms.No.L263 dated 06.05'1961, (referred to and extracted above) which, admittedly, had not been followed in the present case, hence, the impugned orders vide L.Dis.No.272lUMCl2024 dated 07.01.2025 and 2g.o3.2o25areliabletobesetaside,andthematterneeds to be remitted to respondent No.2 for fresh consideration'

10. Takino into consideration : (a) The aforesaid facts and circumstances of the case, (b) The submissions made by the learned counselappearingonbehalfofthepetitionerandthe learnedAssistantGovernmentPleaderforSchool Educationappearingonbehalfoftherespondents' (c) The averments made in the counter affidavit filed on behalf of the respondents (referred to and extracted above), i _ _, I 12 sN. I \\1, l9{l8l 2025 (d) G.O.Ms.No.1263, Education Department' dated O6.O5.1961 (referred to and extracted above), (e) Proposals submitted by the respondent No.3 dated 20.12.2024 vide Rc'No'A4/23a312O24 dated 20.12.2024, (f) The imPugned Proceedings of respondent No.2 vide Proceeding No.272lUMC 120,24 dated 07.O1'2O25 (referred to and L.Dis extracted above), (g) The impugned proceedings of respondent No.2 vide L.Dis No'272lUMCl2024 dated 2g.O3.2O25 (referred to and extracted above)' The Writ P ition is allow The imDUqned n L c 2 c 2 7- 4 h r n N U 2 d 3 25 Th Res No N n e D a r 2 r SN. J wP 19883 2025 13 h Dis No. tiona I Officer Naqa rkurnoo vide R.c. rict Ed A4t23 3t2024 dated 2(J.L2.2o24. tor cor f r !on Roll No. 24 1ofJ7 OlMa 2(J24, dated o.o4.2 24. i h w e G.O. s.N .t263, Educa tion h n n Andhra Pradesh dated O6.O5.1961. which admittedlv' even accordino to the tearned Assistant Government n ents, oearr oon PI der a not been enou!rv, a Drooosal d res onde ED ADDTooria se and cond uct orders on the 20 L2.2024s bmatted bv the 3rd from the withinaDeriod of two (2 ) wee f r n r l4 s\. J \\{, t98tti :02i The miscellaneous applications, if any pending, shall - stand closed. Sd/.AHMED ABDULLA KHAN ASSISTANT REGISTRAR G SECTION OFFICER //TRUE COPY// To

1. The Principal Secretary, School Education Department, State of Telangana' Secretariai Building, HYderabad.

2. The Director, School Education Department, Telangana' Hyderabad' 3. The Distrrct Educational officer, Nagarkurnool, Nagarkurnool District. 4. The tri'landal Educational officer, BijnepallyMandal, Nagarkurnool District. 5. The Head t\/aster, sangamithra School, Nagarkurnool, Nagarkurnool District, Telangana, 509209.

6. The Principal, T. S. W. R. S (B), Bijinapally, Nagarkurnool District' TS' 7. One CC to SRI V. T. KALYAN, Advocate [OPUC] B. Two CCS to GP for School Education, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD CoPies IVP GJP (A- CC TODAY HIGH COURT DATED:2711012025 \ iiE S otJ ,t. r), .'* \.* I]"t ?t75 t.i .f,) * nAT(ll ORDER WP.No.19883 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS rA 5 lv 'y)