HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

*****
WRIT PETITION No.26262 OF 2012

Between:
# Sanyasi Rao, S/o. Bethala Rao,
Aged 59 years, Occ: Advocate,
Retd. District Judge, R/o.Door No.11-5-413,
Bhavya Krishna Residency, Flat No.304,
Red Hills, Hyderabad .. Petitioner

And

The High Court of Andhra Pradesh,

Rep., by its Registrar (Admn.),
Hyderabad .. Respondent

Date of Order Pronounced: 30.01.2024

SUBMITTED FOR APPROVAL:

THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE

AND
THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

1. Whether Reporters of Local newspapers may (Yes/No)

be allowed to see the Judgments?

2. Whether the copies of judgment may be (Yes/No)

marked to Law Reports/Journals?

3. Whether their Lordship/ Ladyship wish to (Yes/No)

see the fair copy of the Judgment?
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W.P.No.26262 of 2012
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THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE

AND
THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

WRIT PETITION No.26262 OF 2012

% Dated: 30.01.2024

# Sanyasi Rao, S/o. Bethala Rao,

Aged 59 years, Occ: Advocate,
Retd. District Judge, R/o.Door No.11-5-413,
Bhavya Krishna Residency, Flat No.304,
Red Hills, Hyderabad .. Petitioner

And

The High Court of Andhra Pradesh,

Rep., by its Registrar (Admn.),
Hyderabad .. Respondent

! Counsel for petitioner : Mr. M. Surender Rao, learned

Senior Counsel

^ Counsel for respondent : Ms. V. Uma Devi, learned

Standing Counsel for High Court
for the State of Telangana

Mr. K. Vivek Reddy, learned

Senior Counsel and Amicus curiae
for the respondent
<GIST:

> HEAD NOTE:

? Cases referred
1. 2004 (3) ALD 449
2. 2015 SCC OnLine Bom 1933
3. 2007 (1) ALT 727
4. 1994 Supp (1) SCC 155
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W.P.No.26262 of 2012
3

THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE

AND

THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

WRIT PETITION No.26262 OF 2012

ORDER: (per the Hon’ble Shri Justice Anil Kumar Jukanti)

Mr. M. Surender Rao, learned Senior Counsel for petitioner.

Ms. V. Uma Devi, learned Standing counsel for the Telangana

High Court.

Mr. K. Vivek Reddy, learned Senior Counsel and Amicus

Curiae for respondent.

2. The writ petition is filed praying to grant the following reliefs:

i) to declare the proceedings issued in Rc.No.702/1998-

B2, dated. 21.03.2012 communicating the decision of

the Hon’ble Court wherein and whereby rejecting the

case of the petitioner by determining his date of birth

as 01.07.1949, as illegal and arbitrary,

ii) to declare the petitioner’s date of birth as 29.05.1953,

but not as 01.07.1949.

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iii) that petitioner is entitled for all consequential benefits

by determining his date of birth as 29.05.1953.

iv) declare proceedings issued in order ROC.No.702/1998-

B1, dated 26.03.2012 of 1st respondent rejecting the

case of the petitioner for determination of date of birth

as 29.03.1953 as illegal and arbitrary.

3. Brief facts:

The petitioner applied for the post of District Munsif on

17.12.1983 and in the application, he mentioned the date of birth

as 01.07.1949. He was selected to the post of District Munsif,

joined service on 17.10.1985 vide G.O.Ms.No.435, Home (Court.C)

Department, dated 21.08.1985,.

4. An application/representation, dated 22.08.1989, was made

to the High Court (through the District Judge, Srikakulam) stating

that prior to entry into services, he filed a suit in O.S.No.61 of 1983

before the District Munsif, Chodavaram, for alteration of date of

birth as 29.03.1953 instead of 01.07.1949 and the Court decreed

the suit in his favour. At the time of opening the Service Register,

on the basis of Birth Extract produced before the then District

Judge, Visakhapatnam, his date of birth was entered as

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29.03.1953. The Government of Andhra Pradesh issued

G.O.Rt.No.1739, Education (ECI) Dept., dated 09.12.1988,

directing to make necessary corrections in Higher Secondary

Leaving Certificate (HSLC) Register. The change in date of birth was

carried out in the said Register. In the application/representation,

petitioner requested to record his date of birth in all records as

29.03.1953 instead of 01.07.1949.

5. The matter was placed before the Administrative Committee

of the Hon’ble Judges and the Committee of Hon’ble Judges

resolved as follows:

“CONSIDERED”, and since it is found that entry in respect

of the Date of Birth in the Service Records has been made
on the basis of the representation of the concerned
officer/officers and materials produced including decrees of
Civil Courts do not inspire confidence, resolved that
representations for alteration of dates of birth be rejected.”

6. The said decision of the Hon’ble Judges Committee was

informed to the petitioner vide letter dated 11.11.1997. Challenging

the order dated 11.11.1997 in Roc.No.4518/97-B1, a Writ Petition

bearing No.930 of 2002 was filed. The High Court vide order dated

06.02.2002 allowed the writ petition to change the date of birth

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from 01.07.1949 to 29.03.1953. Matter was carried in appeal to

the Hon’ble Supreme Court vide C.A.No.6964 of 2004. The Hon’ble

Apex Court disposed of the appeal by the following order.

a) The High Court on the administrative side shall

determine the Judicial Officer’s date of birth in

accordance with Rule 2 of the 1984 Rules.

b) The above exercise shall be completed within four

months from the date of communication of this order.

c) In case the Judicial Officer’s date of birth is determined

as March 29, 1953 as appropriate order for his

reinstatement with all consequential benefits shall be

issued as early as may be possible and in no case later

than two weeks from the date of such determination.

7. In compliance with the directions of the Hon’ble Supreme

Court, matter was placed before the Administrative Committee on

26.12.2011 and the Committee resolved requesting the Hon’ble

Hon’ble Shri Ashtosh Mohantha to look into the matter and submit

a report. It is pertinent to extract the A.P. Public Employment

(Recording and Alteration of Date of Birth) Rules, 1984) (for short,

‘the Rules, 1984’) and the same are as under:

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2. Recording of date of birth : - (1) Every Government

employee shall, within one month from the date on which he
joins duty, make a declaration as to his date of birth.
(2) On receipt of the declaration made under sub-rule (1), the
Head of Office or any other officer who maintains the service
record in respect of such Government employee shall, after
making such enquiry as may be deemed fit, with regard to the
declaration and after taking into consideration such evidence,
if any, as may be adduced in respect of the said declaration,
make an order within four months from the date on which the
Government employee joins service determining the date of
birth:
Provided that in cases where the date of birth as
determined under this sub-rule is different from the one
declared by the Government employee concerned under
sub-rule (1), he shall be given an opportunity of making a
representation, before a final order is made.
(3) Where a Government employee fails to make a declaration
within the time specified in sub-rule (1), the Head of Office or
the officer who maintains the service records shall, after taking
into consideration such evidence as may be available and after
giving an opportunity of making a representation to the
Government employee concerned, determine the date of birth of
the employee within six months from the date on which the
Government employee joins service.
(4) The date of birth determined under this rule shall be
entered in the service records of the employee concerned duly
attested by the Head of the Office or the officer who maintains
the service records and the date of birth so entered, shall be
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final and binding and the Government employees shall be

stopped from disputing the correctness of such date of birth.
[(5) The date of birth as determined on the basis of the school
records or any proof produced at the time of entering into
service and entered in the service record shall be final and no
subsequent variation of date of birth in the school records for
any reason, shall be relevant for the purpose of service and on
that basis the date of birth entered in the service records shall
not be altered except in the case of bonafide clerical error,
under the orders of the Government.] [Subs.by G.O.Ms.No. 94,
Fin. & Plg., Dt. 15.03.94]

2A. "Civil Courts" Decree not to be taken into

consideration:- In any proceedings before the Government or
any Court, Tribunal or other authority for the alteration of date
of birth in the service records, the decree of a Civil Court in
regard to alteration of the date of birth in the School or the
University records or the contents in the Judgment leading to
such decree, or the effect of its implementation shall not be
taken into consideration in derogation to these rules and it is
hereby declared that these rules shall have effect
notwithstanding anything contained in any Judgment decree
or order of a Civil Court in regard to the alteration of date of
birth in the School or the University records whether or not the
Government is a party - to such proceedings.] [Added by
G.O.Ms.No. 383, Fin. & Plg., Dt. 16.11.1993 w.e.f. 21.04.1984]

3. Procedure in recording date of birth of employees

appointed before the commencement of these rules: - The
date of birth of a Government employee who has been
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appointed before the commencement of these rules and whose

service register has not been opened, shall be recorded in the
manner laid down in Rule 2.

4. Alteration of date of birth in past cases: - Rule 4 re-

numbered as sub-rule [(1)] No Government employee in service,
before the commencement of these rules;

(a) Whose date of birth has been recorded in the Service

Register in accordance with the rules applicable to him; or

(b) Whose entry relating to date of birth became final and

binding under the rules in force prior to the commencement of
these rules, shall be entitled to claim alteration of his date of
birth.

[(2) No subsequent variation of the date of birth in the school

records shall be relevant for the purpose of service nor shall
such variation be a valid ground for ordering an alteration of
the date of birth by any Court. Tribunal or other authority.]
[Added by G.O.Ms.No. 94, Fin. & Plg., Dt. 15.03.94]

5. Cases pending on the date of commencement of these

rules: - The cases in which the Government employees have
already applied for alteration of their date of birth and which
are pending on the date of commencement of these rules, shall
be dealt with on the basis of recorded age in School and College
records at the time of entry into service.

6. Effect of the Rules: - No rule made or deemed to have been

made under the proviso to Article 309 of the Constitution of
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India shall, in so far as it is inconsistent with any of the

provisions of these rules, shall have any effect.

8. A notice dated 17.02.2012 was issued to petitioner (in

connection with Rule 2 (2) of the Rules, 1984) to appear before the

Hon’ble Shri Justice Ashtosh Mohantha on 02.03.2012 with

necessary documents including all educational certificates in

support of his claim. Petitioner appeared and made his

submissions. The Hon’ble Judge submitted a report dated

05.03.2012 holding that the plea of the petitioner, that he was born

on 29.03.1953 cannot be accepted and held that petitioner was

born on 01.07.1949. The matter was placed before the

Administrative Committee and the Committee of Hon’ble Judges

accepted the report and resolved that the date of birth of Officer

(petitioner), for the record to be 01.07.1949 and not 29.03.1953,

the application/representation of the Officer was rejected. This writ

petition is filed challenging the decision of the Hon’ble Court, in

rejecting the case of the petitioner and seeking other reliefs.

9. It is submitted by the learned Senior Counsel appearing for

the petitioner that petitioner hailed from Chodavaram Village of

Veervalli Taluk, Visakhapatnam District, and that the Registrar of

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Birth(s) and Death(s) of the said village recorded the date of birth as

29.03.1953. That his parents were illiterate and someone entered

his date of birth as 01.07.1949, and that he appeared his 12th

Class examination in April, 1968, studied degree in AMAL College,

Anakapalli and Law from Andhra University.

10. Petitioner was practising as an Advocate from 1980. He filed

a suit in O.S.No.61 of 1983 on 18.03.1983. Pursuant to the

notification for the post of District Munsif, he made an application

and an order of appointment was issued on 07.10.1985. The said

suit was decreed on 28.02.1985, and pursuant to the decree, the

Principal District Judge (PDJ) entered the date of birth as

29.03.1953. The PDJ entered the date of birth as 01.07.1949

according to HSLC Register earlier.

11. Petitioner made a representation/application through proper

channel to the High Court seeking to enter the date of birth as

29.03.1953 in all the records. The High Court on administrative

side placed the matter before the Administrative Committee, which

rejected the representation. A review was filed and no orders were

passed in the review. Aggrieved by the same, a writ petition was

filed and the same was allowed. A Civil Appeal was preferred,
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which was disposed of by the Hon’ble Supreme Court with certain

directions, as stated supra.

12. It is submitted that the decree is prior to the date of entry

into service and the entry in the Register was corrected in

December, 1988. In the said circumstances, Rule 2-A of the

Rules, 1984 does not operate as a bar. Rule 2-A was inserted

vide G.O.Ms.No.383, dated 16.11.1993 w.e.f. 21.04.1984.

A representation was made in the year 1989 and the decision on

the representation was made in the year 1997. Hence, it is not open

to press Rule 2-A of the Rules, 1984 into service.

13. It is further submitted that the decree of the civil Court stood

unchallenged and that it was a contested suit. The Hon’ble Judge

was not justified in giving the finding that the petitioner got

admission in 9th Class at the age of 11 years and completed 12th

Class at the age of 14 years and that the date of birth 29.03.1953

cannot be accepted. The finding of the Hon’ble Judge is erroneous.

14. Learned Standing Counsel appearing on behalf of the High

Court supported the report of the Hon’ble Judge and submitted

that there is no infirmity. A perusal of the report, establishes the

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fact that entire record, relevant documents and certificates

produced by the petitioner, in response to the notice issued, were

well considered. It is further submitted that the Hon’ble Judge

rightly opined that the decree of the civil Court does not inspire

confidence to believe that the petitioner was born on 29.03.1953.

15. Learned Senior Counsel and Amicus Curiae has supported

the report of the Hon’ble Judge. It is submitted that the petitioner

has neither pleaded nor produced any material of securing a double

promotion. It is further submitted that the petitioner had completed

his 12th Grade in the year 1968-69. If the petitioner was born in

the year 1953, he would have completed his 12th Grade when he

was only 15 years old i.e., two years ahead of the normal/standard

time required to clear 12th Grade. It is also submitted that Rule

2-A of the Rules, 1984 is applicable to the petitioner, as there is a

pending proceeding on determination of his date of birth (Rule 5 of

the Rules, 1984).

16. Reliance is placed on a Full Bench judgment of Andhra

Pradesh High Court in G. Krishna Mohan Rao v. Registrar,

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Andhra Pradesh Administrative Tribunal and others 1 for the

proposition that a decree of civil Court is not binding while

determining the date of birth.

17. Further reliance is placed on in the judgment in Dhondiram

Bapusaheb Nangare v. State of Maharasthra 2 for the proposition

that the decree of civil Court is not binding as it is a decree in

personam and not a decree in rem.

18. Learned Senior Counsel has also relied upon the judgment in

Naga Raju v. High Court of Andhra Pradesh 3 for the proposition

that Rule 2 (5) of the Rules, 1984 contemplates determination of

the date of birth based on the service records or proof produced

while entering into service. Learned Senior Counsel submitted that

the report of the Hon’ble Judge has considered all the relevant

material and held that they do not inspire confidence. There is no

infirmity in the report submitted and the order rejecting the

application/representation for alteration of date of birth is correct

and no interference is necessitated.

1
2004 (3) ALD 449
2
2015 SCC OnLine Bom 1933
3
2007 (1) ALT 727
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W.P.No.26262 of 2012
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19. Heard learned counsels, perused the record, report of the

Hon’ble Judge, judgement of the Court below in O.S.No.61 of 1983.

20. Considered the rival submissions. This Court is conscious of

the fact that it is a petition filed under Article 226 of the

Constitution of India. Yet, this Court feels the need and necessity to

peruse the judgement of the Court below in O.S.No.61 of 1983 to

cull out certain facts for arriving at a proper conclusion of the issue.

21. Perused the report of the Hon’ble Judge of the High Court.

The report is pursuant to the directions of the Hon’ble Supreme

Court in Civil Appeal No.6964 of 2004. The Hon’ble Judge, having

perused the original certificate of Higher Secondary School Leaving

Certificate (HSSLC), observed that the petitioner has studied

9th Class in the year 1964-65, 10th Class in the year 1965-66,

11th Class in the year 1966-67 and 12th Class in the year 1967-68.

It is further observed by the Hon’ble Judge of High Court that

petitioner had never got a double promotion or frog leaped a few

classes. The Hon’ble Judge held that it is not possible to believe

that petitioner had completed 12th Class at the age of 14 years.

The material as well as decree passed by civil Court does not inspire

confidence that the applicant was born on 29.03.1953. It is further

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held that if the date of birth is taken to be as 01.07.1949, all the

years of study are possible and acceptable. The Hon’ble Judge held

that the facts showing that the petitioner had got admission in

9th Class in 1964-65 are inconsonance with the observation of the

Hon’ble Apex Court. The Hon’ble Apex Court’s observations are as

follows:

“... Certain materials have been placed on record by the High

Court on the administrative side of this appeal. One of such
materials is that the judicial officer got admitted in 6th standard
in 1961-62 and it was not possible that somebody born on
March 29 1953 to be in 6th standard at that time, he would
hardly be 8-9 years old.”

22. Perused the entire report. We do not find any infirmity.

An opportunity was afforded to the petitioner to place all the

relevant material to substantiate his case. The same have been

considered objectively by the Hon’ble Judge and the Hon’ble Judge

held that the material presented does not inspire confidence and

that the Date of Birth Extract produced does not belong to the

applicant and the same could be to another male child born to the

parents. In view of the categorical finding recorded on the basis of

an objective consideration of the relevant material, this Court is not

inclined to disturb the findings.

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23. In the application form submitted for the post of District

Munsif at page 2 column (a), the date of birth mention is mentioned

as 01.07.1949 (also written in words as 1st July Nineteen Forty

Nine). It is also mentioned in the application form that in the year

1968-69, he passed the examination of HSSLC in ordinary division

from ZPHS School, Chodavaram, Board of Secondary Education,

Hyderabad. The application form is dated 17.12.1983 and signed by

the applicant (petitioner). There is no iota of doubt that the date of

birth is shown as per HSSLC register. The petitioner is now

contending that date of birth is 29th March 1953, contrary to what

he has shown in the application. This is an important aspect which

this Court cannot lose sight of while examining the issue of

alteration of date of birth.

24. A perusal of the judgment in O.S.No.61 of 1983 indicates that

Exs.A1, A2 and A3 were marked for the plaintiff. The Court below

has relied upon these exhibits. Ex.A1 dated 24.12.1981 is C.C. of

birth register for the year 1953 relating to Chodavaram Village

issued by Tahsildar, Chodavaram. Ex.A2 dated 17.07.1981 is a copy

of application filed by the petitioner at Taluk office. Ex.A3 dated

28.07.1981 is an endorsement of Tahsildar, Chodavaram.

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25. A notable feature of all these documents is that they all

pertain to the year 1981. For reasons best known, the petitioner,

has shown the date of birth in the application to the post of District

Munsif as 01.07.1949, instead of entering it as per the certified

copy of the birth register i.e., Ex.A1. This is a crucial factor, which

cannot be ignored and it negates the contention advanced by the

petitioner.

26. A perusal of the judgment also indicates that Exs.B1 and B2

were marked for the defendants in the suit. Ex.B1 dated 19.06.1961

is the record sheet for admission into ZPHS School Chodavaram.

Ex.B2 dated 24.06.1961 is an application form for admission into

ZPHS School, Chodavaram. Both Exs.B1 and B2 pertain to

petitioner. The Court below at paragraph 6.g in the judgment held

as follows:

“... No doubt, Exs.B1 and B2 shows that the date of birth of

the petitioner is 01.07.1949.”

But, surprisingly, adds the following statement:

“.. There is a possibility of giving declaration of age in order

to facilitate admission into the school because he is under
aged.”
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27. On a perusal of the entire judgment in O.S.No. 61 of 1983,

especially the manner in which the court has dealt with the core

issue of date of birth in paragraphs 6 to 6.l, it appears that the

Court did not address the issue in a proper perspective. The Court

below has grossly erred in arriving at the finding with regard to date

of birth.

28. Disputes with regard to change of date of birth in service

record have been considered by various High Courts and the

Hon’ble Apex Court. It is settled law that “correction of date of birth

cannot be claimed as a matter of right.”

29. The Hon’ble Apex Court in Home Deptt. v. R.Kirubakaran 4,

observed and held as under:

“7. An application for correction of the date of birth should

not be dealt with by the Tribunal or the High Court keeping in
view only the public servant concerned. It need not be
pointed out that any such direction for correction of the date
of birth of the public servant concerned has a chain reaction,
inasmuch as others waiting for years, below him for their
respective promotions are affected in this process. Some are
likely to suffer irreparable injury, inasmuch as, because of
the correction of the date of birth, the officer concerned,

4
1994 Supp (1) SCC 155
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W.P.No.26262 of 2012
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continues in office, in some cases for years, within which time

many officers who are below him in seniority waiting for their
promotion, may lose the promotion for ever…”

30. In Karnataka Rural Infrastructure Development Limited

v. T.P. Nataraja and others in Civil Appeal No.5720 of 2021, the

Hon’ble Apex Court summarized the law on change of date of birth,

which is as under:

“(i) application for change of date of birth can only be as per

the relevant provisions/regulations applicable;
(ii) even if there is cogent evidence, the same cannot be
claimed as a matter of right;
(iii) application can be rejected on the ground of delay and
latches also more particularly when it is made at the fag end of
service and/or when the employee is about to retire on
attaining the age of superannuation.”

31. This Court is of the opinion that the application for change of

date of birth made by the petitioner cannot be considered. Rules,

1984 do not permit for alteration of the date of birth entered in the

service records. The entries made by the employee are final and

binding and the employee is estopped from disputing the

correctness of the date of birth. Rules do not permit alteration of

date of birth on the basis of any judgement, decree or order of a Civil

Court and no indulgence can be shown.

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32. Entertaining the claim for correction of date of birth would

completely frustrate the objective behind the Rules, 1984. The

petitioner is unable to demonstrate to the satisfaction of this Court

either in law or on facts about the claim for alteration of date of

birth. In view of the consistent legal position that the onus is on the

applicant to prove about the wrong recording of the date of birth in

the service records, the claim for the alteration cannot be

entertained. It is settled law that “correction of date of birth cannot

be claimed as a matter of right.”

33. The petitioner did not make any attempt to get the date of

birth corrected in his school records. Upon correction of date of

birth in the school records, petitioner could have got the same

corrected in the HSSLC as well. However, even this was not done.

Therefore, as of today, both in school/college records as well as in

the HSSLC, petitioner’s date of birth continues to be reflected as

29.03.1953. Permitting petitioner to correct his date of birth in

service record would result in incongruous situation where there

would be different dates recorded in his school records/HSSLC and

service records, which is impermissible.

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34. The writ petition is devoid of merits and the same is liable to

be dismissed. Accordingly, the writ petition is dismissed. There

shall be no order as to costs.

Miscellaneous applications, pending, if any, shall stand

closed.

________________________
ALOK ARADHE, CJ

____________________________
ANIL KUMAR JUKANTI, J

Date: 30.01.2024
Note:- L.R. Copy be marked.
(B/o)
KH
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THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE

AND

THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

WRIT PETITION No.26262 OF 2012

Date:30.01.2024

KH