High Court · 2025

Petition under Article 226 of the Congtitution of lndia praying that in the circumstances stated in th.q affidavit filed therewith, the High Court may be pleased to issue an approprlate Writ, Order of lireclion, preferably one in the nature of Writ of Mandamus to declare the impugned Proqegdings L.Dis. No. 6BlH2l201!, dated Ni|.03.20'14 of the 2nd reqponilent, Wherein, rejecting the case of the petitioner for correction of his Origina! Date 9f Bit-th Year i.e., 25.05.1989 instead of 25.05.1959 which action 9f the respondents is highly illegal, arbitrary, unreasonable without any application of mind and also in violation of Art 14, 1A and 21 of Constitution of lndia and declare the 6ame aq bad in law and set-aside the same and consequently direct the respondents to correct the Date of Birth Year of the petitioner i.e.,25.05.1989 instead of 25.05.1959 by taking into all the relevant school certificates and proposals from the various school authorities. l.A. NO: 1 OF 2015( /(PMP. NO:3010 oF 2015) Petitiorr urrrle ' Section 151 CPC praying that in the circLtmr;tances stated in the affidavit 'ilerl tr r;upport of the petition, the High Coul ney be pleased to susPEND the irnpL r)ned Proceedings L.Dis.No. 6BlH2l?014,,1a1ed Ni|.03.2014 of the 2nd respond:it ilnd direct the respondents to correQt the [rat': of Birth Year of the petitioner i e 2 : 05.1989 instead of 25.Q5.1959 by taking int,r all the relevant school certificatot, lrd propoEals from the various school auth()rities which was forwa rded Counsel for the F'e itioner: SRI C. BAJASI{-EKAR REQDY Counsel for the Fle ;pon{qntsl AGP FOR $CHOOL EDUCATION The Court made 1h r follpping; OREER t l i t I \ THE HON'BLE Szu JUSTICE K. LAKSHMAN WRIT PETITION No.22 66 of 2015 ORDER Heard Sri C. Rajashekar Reddy, leamed counsel for the petitioner and leamed Assistant Govemment pleader for School Education appearing for respondents.

2. This Writ Petition is filed to declare the action of 2nd respondent in not considering the request made by the petitioner for correction of date of birth in the S.S.C Memo as illegal. According to the petitioner, his actual date of birth is

25.05.1989, in the S.S.C Marks Memo it is mentioned as

25.05.t959.

3. To show that his correct date of birth is 25.05.1989. he has filed Copy of letter dated 10.06.2005 issued by Head Master, Z.P.H.S.(U), Devarakonda, Copy of letter issued by Gazetted, Head Master, Z.P.H.S (Urdu Medium), Devarakonda, dated 29.06.2012, Copy of letter issued by Gazetted Head Master, Z.P.H.S (Urdu Medium), Devarakonda, dated 25.02.2025, Copy of affidavit, Copy of \ \ I 2 KL, J li i \o 1256 cf2ol5 Study rrnc ( lnduct Certificate dated 30.06.2008 iss;ued by Principal. \ xlarjuna Junior College, Ramagiri Ni.Llgonda, Copy o1' Ilrr rfide and Conduct Certificate dated ,10.r)3.2012 issued byr I'iincipal, Spoorlhy Degree &. I'.tl.t.lollege, Hyderabarl. ,]py of Transfer Certificate dated :i0.r)3.2012 Principal. Sip ofihy Degree & P.G.College, Hvdelaba,l, Copy of Provisirrr,:r-tificate dated 02.0|.2012.

4. Pert sa ol the record would show that in the' aloresaid document:; sr lr11i11"O by the petitioner, the date of L,irth of the petitioncr is mentioned as 25.05.1989. Clonsitlering the mistake crrr r,itted in S.S.C Marks memo and also request made by l) : petitioner, Head Master of Z P.H.S (U), Devarakonrlt addressed letters to the respondents rvith a request to co rlrct the date of birth

5. Pen -.a of the record would also reveal that the petitioner r i : not submitted any representation lo the 2nd respondent 'y duly enclosing copies of the aloresaid certificate ;. , l::,cuments with a request to correct I is date of birth in ttrr: l,S.C Marks Memo. He is only relyinp: on the J (1. J W P.No.2266 of2015 aforesaid documents and letters. He has to submit a letter to respondent No.2 with a specific request to correct his date of birth by duly enclosing copies of the aforesaid documents.

6. [t is relevant to note that the gon'Ute Supreme Court has dealt with the issue of change of name in the certificates, in Jigya Yadav v. Central Board of Secondary Educationr, paragraph 194 ofwhich, reads as under: "As regards request for "change" of particulars in the certificatc issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate arc not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents likc birth certihcate, Aadhaar card, election card, etc., and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired narne by choice at a later point of time. That change need not be backed by public documents pertaining to thc candidate." 1 . It is also relevant to note that vires of Rules 1,2 and 3 of Section-C of G.O.Ms.Nc.1263 dated 06.05.1961 were under challenge in Writ Petition No.22023 of 2023. The said Writ ' (:ou r tz scc s:s 4 KL, J ! j \c 2t)66 o12015 Petition crn r up for hearing belore the Division Bench of this Court orr ':;.10.2024. on which date, leanred Special Govemm,:ttt ['leader appearing for respondent Nos.I and 2 therein p ir: r,-. reliance on the principle laid d,l'vn by the Hon'ble littp',::me Court in Jigya Yadav (supra) anC srrbmitted that the I].ri rrl of Secondary Education will issuc corrected certificate lr petitioner therein within a period of two (2) weeks. C,rrsiLlering the said submission made by the learned Speciat Gcr,' r'nment Pleader, vide order dated 25.1().2024, the Division llt-r , h of this Court disposed of the said Writ Petition by keeping ( pen to agitate the issue with regard to the validity of vire.t o R.les 1,2 and 3 of Section -C of (i.O.Vts.l\o.1263 dated 06.()j;. ,)6 l, in an appropriate proceeding.

8. 1'houg r the petitioner has stated in the urit affidavit that he has app-c, r:hed 2nd respondent with a request to chrnge his date of bilh llom 25.05.1959 to 25.05.1989 in the e'dtrcational certificates. ras not filed any proof to show that he' bas made such requost 'llie only explanation offered by lealned counsel for the pe'titr.,ner is that the staff of the respondent l.Jo.2 did r< 5 KL, J \N P No.2266 ol2OI5 not permit the petitioner to enter into the respondent No.2 board to submit representation. If 2nd respondent staff did not permit him to enter into 2nd respondent Board, he can as well send representation through Registered Post with Acknowledgment Due. Without doing so, he has filed the present Writ petition. Therefore, he has to submit a representation along with the copies of the said certificates to respondent No.2 with a request to correct his date of birth in the S.S.C Marks Memo and issue fresh rharks memo.

9. In the light of the above, this Writ petition is disposed of granting liberty to petitioner to submit a representation to the 2nd respondent along with copy of aforesaid judgment in Jigya Yadav (supra) and order dated 25.10.2023 in W.p.N o.22023 of 2023,, aforesaid letters and relevant documents and on receipt of the said representation, 2"d respondent shall consider the same and dispose of within (04) weeks thereafter. For any reason, if 2nd respondent is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass 6 (1, J $ t:,o:266 oi 2015 order, connn'rlicate copy of the said order to the letitioner. There sha1. b, rto order as to costs. Misccll rneous applications, if any pending, sha.l stand closed. To, SD/-S. MALLIKARJUNA RAO AESIET'ANT REGISTRAR //TRUE COPY// ISECT|ON OFFICER

1. The Principal :iecretary, School Education Departrhent, Secrr:tarrat, Hyderabad I0 ) l)22

2. The Comm ssi rr,er and Director of School Education, Telanga,'ra State, Nampally, [{rrd :rabad.

3. The District [id r;ational Officer, Nalgonda, Nalgonda Dist, - 4. The Secretirry :;overnment Exams Telangana, SSC Board of Secondary, Hyderabad One CC to tiF C, RAJASHEKAR REDDY Advocate [OPL.C] Two CQs tc Gr FOR SQHOOL EDUCATION,High Ccurt fcr the State of Tqlangana [r:)l lll Two CD Copre ; 5 6 7 KKS BS ?Mq. I --:";,:;-';; ,€ ,.) ? C ?*\^\ 2 3 iil' 2t25 ( r- l' \-- c .r t I I i ! : I HIGH COURT DATED:19143'2025 ORDER WP.No.2266 c,f 2015 DISPOSING'TI{E WRIT PETITION WITHOUT COI;TS r-"\s l>(