L. LINGARAJU Vs. SECRETARY DEPARTMENT OF PRIMARY AND SECONDARY EDUCATION

JUDGEMENT

(1.) The petitioner joined the service on 25.09.1985, as an Assistant Teacher, in Lower Primary School, Thattanahalli, Anekal Taluk. His service was regularized retrospectively, on 16.08.1991. According to the petitioner, though the admission register, from first standard to seventh standard, correctly shows his date of birth (DoB) as 29.02.1955, in the eighth standard, it was wrongly entered as 02.06.1953. Seeking correction of DoB, an application dated 04.03.1995 having been submitted, a communication dated 23.03.1995 vide Annexure-C was sent, to the Secretary, Karnataka State Secondary Education Board (for short 'the KSSE Board'), consenting for change of DoB from 02.06.1953 to 29.02.1955, in the SSLC Marks Card of the petitioner. The change of DoB in the SSLC Marks Card and the service record of the petitioner having not been made, alleging inaction on the part of the respondents, this writ petition was filed asking for a mandamus against the respondent No.1, to consider a representation dated 11.02.2013 vide Annexure-F and to direct respondent No.2, to rectify the petitioner's DoB, as 29.02.1955, in the service record and grant consequential benefits.

(2.) Sri N.S. Bhat, learned advocate, contended that in view of the consent accorded by DDPI, Mysore District, on 23.03.1995, to change the DoB of the petitioner from 02.06.1953 to 29.02.1955 and in view of the petitioner's representation dated 11.02.2013, there being an obligation on the part of the respondents 1 and 2, to rectify the mistake and enter the correct DoB of the petitioner in the service record, there being inaction, which is arbitrary and illegal, interference is called for.

(3.) Smt. M.S. Prathima, learned HCGP, on the other hand submitted that, if the petitioner has any grievance in the matter of DoB entered in his service record, based on the DoB appearing in any authentic record, he ought to have sought the relief in terms of the provisions of the Karnataka State Servants (Determination of Age) Act, 1974 (for short 'the Act'). She submitted that the petitioner having entered Government service on 25.09.1985, his service having been retrospectively regularized on 16.08.1991, having not sought alteration of DoB recorded in his service record in the manner provided under the Act, cannot seek mandamus for correction of DoB entered in the service record.