Madras High Court
Ms.S.Daisant Dollinie vs )The Headmistress on 14 June, 2012
Author: S.Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.06.2012 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.No.27686 of 2003 Ms.S.Daisant Dollinie ... Petitioner Vs. 1)The Headmistress, Holy Angels' Anglo Indian Higher Secondary School, T.Nagar, Chennai-600 017. 2)The Additional Secretary, Directorate of Government Examinations (Matric/A.I.S.L.C.) College Road, Chennai-600 006. ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to correct the entry of the date of birth of the petitioner in the Anglo Indian School Leaving Certificate Mark Statement and in the School Transfer Certificate as 27.07.1984 according to the birth certificate. For petitioner : Mrs.Sudha for Mr.A.P.Venkataraman For R1 : Miss.M.B.Dominique For R2 : Mr.K.V.Dhanapalan, AGP O R D E R
The petitioner has sought for a writ of Mandamus, directing the respondents to correct the date of birth in the Mark Statement and the School Transfer Certificate as 27.07.1984, as per the Birth Certificate issued by the Corporation of Chennai.
2. As per the averments made in the supporting affidavit, the petitioner has studied in Holy Angels Anglo Indian Higher Secondary School, T.Nagar, Chennai, from L.K.G. to Xth standard. Thereafter, she pursued her higher secondary course, in another school and at that time, she noticed that her date of birth in the Mark Statement and in School Transfer Certificate has been mentioned as 27.05.1984. According to her, the actual date of birth is 27.07.1984. In this regard, she contacted the Headmistress, Holy Angels' Anglo Indian Higher Secondary School, T.Nagar, Chennai, 1st respondent herein, and requested to correct the date of birth in accordance with the Birth Certificate issued by the Corporation of Chennai. Her father has also approached the Additional Secretary, Directorate of Government Examinations (Matric/A.I.S.L.C.), College Road, Chennai-6, 2nd respondent herein. A Lawyer's Notice dated 08.07.2003 has been issued.
3. It is the further case of the petitioner that even in the passport issued by the Regional Passport Officer, Chennai, her date of birth has been mentioned only as 27.07.1984, as per the Birth Certificate issued by Corporation of Chennai. In response to the request, the Headmistress, Holy Angels' Anglo Indian Higher Secondary School, T.Nagar, Chennai, 1st respondent herein, has sent a reply dated 15.07.2003, stating that correction of date of birth cannot be entertained. Being aggrieved by the same, the petitioner has filed the present writ petition, for the relief, stated supra.
4. On the above pleadings, Mrs.Sudha, learned counsel for the petitioner submitted that refusal on the part of the 1st respondent to effect change in the date of birth in Anglo Indian School Leaving Certificate Mark Statement and in School Transfer Certificate, as per the Birth Certificate issued by the Corporation of Chennai, is against law. According to her, the stand taken by the 1st respondent that at the time of admitting the petitioner in L.K.G., parents of the petitioner have given the date of birth as 27.05.1984 and that therefore, no alteration is permissible, is an erroneous approach, for the reason that the birth extract issued by the Corporation of Chennai, the competent authority to register birth and death under the Registration of Births and Deaths Act, 1969, has to be given credence, instead of declaration made by the parents at the time of admission to the school. In support of her contention, learned counsel for the petitioner invited the attention of this Court to the entries made in the Birth Certificate dated 10.03.1989 issued by the Corporation of Chennai and Passport dated 04.02.1992 issued by the Regional Passport Officer, Chennai. For the abovesaid reasons, she prayed for a Mandamus.
5. Per contra, based on the averments made in the counter affidavit filed by the Headmistress, Holy Angels' Anglo Indian Higher Secondary School, T.Nagar, Chennai, 1st respondent herein, Ms.M.B.Dominique, learned counsel for the 1st respondent admitted that the petitioner studied in the above school from Standard I to X and not from L.K.G., as contended. At the time of her admission in School, in June 1989, her parents have filled in an application form, furnishing among other details, the date of birth of the petitioner as 27.07.1984 and that both of them have signed the same. According to her, parents of the petitioner while submitting the application form for admission to Standard I, have also appended a Birth Certificate issued by the Corporation of Chennai. While admitting the student, the office of the 1st respondent, after taking note of the date of birth in the certificate and in the application forms, have made necessary entries in the School Admission Register. She also submitted that before sending the Nominal Roll to the Directorate of Government Examinations, Chennai, for registering the students for examination, during the first week of September of every year, the office of the school would prepare a Nominal Roll consisting of all the names of the students, their dates of birth, caste and religion and that the said Nominal Roll would be handed over to the respective class teachers of Standard X, who in turn would call the students according to their roll number to write down the entire particulars, which includes the date of birth. The students would also be instructed to show the particulars to the parents and to check the correctness of the details relating to date of birth, spelling of their names etc. According to her, it is the practice of the 1st respondent school that the class teachers would keep warning the students almost every day for a period of two weeks to ascertain as to whether the particulars given by them are correct or not. They would also make the students aware of the seriousness in the case of any error in the details furnished by them. The students would also be instructed by the teachers that if they wish to make any change in their name, they are at liberty to do so, by submitting a requisition letter signed by their father or mother.
6. The Learned counsel for the 1st respondent further submitted that on 08.09.2000, the petitioner's father sent a requisition letter through the petitioner, to rectify the spelling in her name in the school admission record. Accordingly, the school office scored off the petitioner's name, which was spelt as Dollnie and corrected the name as Dollinie in the admission register. In the light of the above procedure, said to be in vogue, in the school, she submitted that though sufficient opportunity has been given to the petitioner and her parents, to seek for any change in the date of birth, spelling of the name, and that no request was made for alteration of date of birth. According to the learned counsel for the 1st respondent, after ascertaining all the particulars from the students, the Nominal Roll was also sent to the Additional Secretary, Directorate of Government Examinations (Matric/A.I.S.L.C.), College Road, Chennai-6, 2nd respondent herein. On the above pleadings, she submitted that the claim of the petitioner that she had noticed an error in the date of birth only at the time of joining in Standard XII in another school, is not correct.
7. Learned counsel for the 1st respondent further submitted that in the year 2001, when the School Leaving Certificate, Mark Sheet were received on 29.06.2001, the petitioner had not whispered anything about the wrong date of birth entered in the Transfer Certificate and Mark Sheet. According to her, the 2nd respondent is the competent authority to issue the mark sheet on the basis of the particulars furnished by the students entered in the Nominal Roll and that therefore, Mandamus sought for against the 1st respondent is liable to be dismissed.
8. Learned counsel for the 1st respondent also submitted that both in the Preliminary Application for admission dated 30.03.1989 as well as the subsequent application dated 01.06.1989, parents of the petitioner have furnished the date of birth only as 27.05.1984 and submitted a declaration, declaring that the date of birth as correct and that they would not seek for any alteration in future. She also submitted that annual inspection was conducted by the Inspector of Anglo-Indian Schools on 24 and 25th January 1990 and that the entries made in the school admission register were counter-checked with the entries given in the application forms and Corporation Birth Certificates, appended to the same. The said Inspecting authority has also noted that all the 276 new admissions made in 1989 were found to be correct. According to the learned counsel for the 1st respondent, entries in the School Register, Transfer Certificate, are being made as per the details furnished by the parents in the application forms stated supra and that it is not known as to how the petitioner could obtain two birth certificates. For the abovesaid reasons, learned counsel for the 1st respondent prayed for dismissal of the writ petition.
9. The 2nd respondent has not filed any counter affidavit. However, Mr.K.V.Dhanapalan, Learned Additional Government Pleader submitted that the prayer sought for in the writ petition is not maintainable, in the light of the submissions advanced by the 1st respondent.
Heard the learned counsel for the parties and perused the materials available on record.
10. The Preliminary Application Form dated 30.03.1989, for admission to Standard I, submitted by the parents of the petitioner to the Holy Angels Anglo Indian Higher Secondary School, T.Nagar, Chennai, is extracted hereunder:-
HOLY ANGEL'S HIGHER SECONDARY SCHOOL, T.NAGAR, MADRAS-17 (Recognised under the C.R.A.S. Tamilnadu Government) PRELIMINARY APPLICATION FOR ADMISSION
1.Name of Pupil : (In Block Letters) S.DAISANT DOLLINIE
2.Date of birth (To be verified from Corporation Birth Certificate.) 27-5-1984
3.Religion : Christian
4.Mother tongue : Tamil
5.Second Language : Tamil
6.Father's Name : Mr.M.Sobithakumar
7.Occupation : (Specify Central Govt./ Business transferable or not.)
8.Income per month : Rs.5000/-
9.Office Address : Mr.M.Sobitha Kumar Telephone No.424347 No.55, Arcot Road, 424389 Kodambakkam, Madras-24. 10.Mother's Name : Mrs.Augusta Sobitha Kumar, B.Sc 11.Occupation : (Specify Central Govt. House wife transferable or not) 12.Income per month : ---------- 13.Residential Address : M.Sobitha Kumat, Telephone No. No.8/16, Raman St. T.Nagar, Madras-17. 14.Name of Sister(s) if any in H.A.C. S.Daisant Daffnie Std. VI : A 15.Travel to School : Car No. Bus Route. Rickshaw. By walk.
DECLARATION : I hereby declare that the date of birth given above is correct and I will not ask for any alteration in the future.
(Sd) (Sd) Signature of Mother Signature of Father DATE : 30.03.1989 DATE : 30.03.1989
11. Another Aapplication Form submited by the parents on 01.06.1989 is as follows:-
Holy Angels' Anglo-Indian Higher Secondary School T.Nagar, Madras-600 017.
APPLICATION FOR ADMISSION (Code of Regulations for Anglo-Indian Schools, Act. 53)
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1.Name of Pupil (in BLOCK LETTERS) S.DAISANT DOLLNIE
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2.Date of birth (as in the T.C.) 27-5-1984
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3.Nationality a) Father Indian
b) Mother Indian
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4.Religion Christian
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5.Mother tongue : Tamil
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6.Name, Occupation & Address-Father : M.Shobitha Kumar Business. No.55, Arcot Road, KDN, Madras-24.
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7.Name, Occupation & Address-Mother: House Wife . 8/6, Raman Street, T.Nagar, Madras-17.
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8.Residential Address & Tel.No. No.8/16, Raman Street, T.Nagar, Madras-17.
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9.Last School attended by the pupil :
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10.Number & date of transfer certificate from the last school
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11.Whether exemption from Religious Instruction or Moral Science is claimed No
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I hereby declare that the date of birth given above is correct and I will not ask alteration in the future. If I have given any false information and if it is detected at any time, I am willing to withdraw my child from the school.
I hereby undertake to abide by the rules of the school.
(Sd) (Sd) Signature of Mother Signature of Father Date 1-6-89 Date 1-6-89
12. Perusal of the application forms shows that in both the application forms, parents of the petitioner in their declaration dated 30.03.1989 and 01.06.1989 respectively, have categorically stated that the date of birth of the petitioner as 27.05.1984 and as per the Application Form, the said date of birth has to be verified from the Birth Certificate issued by the Corporation of Chennai. In the second application form dated 01.06.1989, both the parents have categorically reiterated that the date of birth as 27.05.1984 given by them was correct and that they would not ask for alteration in future.
13. Perusal of the petition dated 08.09.2000 given by the father of the petitioner, at the time when she was studying in Standard XB of the 1st respondent school, also shows that the request was confined only to change of spelling of the name of the petitioner. The copy of the Nominal Roll submitted to the Department of Government Examinations, Chennai, also shows the date of birth of the petitioner as 27.05.1984, as per the declaration given by her parents.
14. As rightly contended by the learned counsel for the 1st respondent, right from Standard I to X, the petitioner has maintained her date of birth only as 27.05.1984 and that the said date has been entered in the School Admission Register, after verification of the Birth Certificate issued by the Corporation of Chennai. The contention of the learned counsel for the 1st respondent that on 29.06.2001, the petitioner also collected her Birth Certificate submitted at the time of admission, along with Transfer Certificate and Mark Sheets from the school, has not been disputed. The further contention of the 1st respondent that during September of every year before the Nominal Roll submitted to the Directorate of Government Examinations, Chennai, the students would be instructed to check the correctness of the date of birth, spelling of the names etc, for any changes to be effected, is also fortified by the representation dated 08.09.2000 submitted by the petitioner's father to the Headmistress of the 1st respondent school, for effecting change of spelling in the name of the petitioner.
15. Thus it is evident that except the above change, with reference to spelling, neither the petitioner nor her parents have not made any grievance as regards the alleged error in the School Admission Register. The particulars as furnished by the parents have been entered in the Nominal Roll submitted by the school to the Directorate of Government Examinations, Chennai, and consequently, entries have been made in the Transfer Certificate and the Mark Statement issued by the examining body. As rightly contended by the learned counsel for the 1st respondent, no reasonable explanation has been given by the parents of the petitioner and they have not come forward to swear any affidavit and place any material documents, as to how they have furnished a declaration as regards the date of birth given in the two application forms for admission to Standard I in the 1st respondent school. The averments made in the counter affidavit that the parents of the petitioner produced a Birth Certificate on 01.06.1989, at the time of admission of the petitioner to the school, wherein, her date of birth was mentioned as 27.05.1984 and on that basis, entries have been made in the Admission Register, have not been disputed. Pleadings also disclose that when the Inspector of Anglo-Indian Schools verified the School Admission Register with the entries made in the Application Forms and Birth Certificates and further recorded that all the 276 new admissions made, were found to be correct, is also not disputed. As rightly contended by the learned counsel for the 1st respondent, if the parents of the petitioner had obtained a Birth Certificate on 10.03.1989 from the competent authority mentioning the date of birth of a female child as 27.07.1984, they would have certainly given the date of birth of the petitioner as 27.07.1984 only. Though the difference in the date of birth is only two months, inadvertence in filling up the application form submitted to the school authorities, cannot be presumed. The application form for admission also shows that the school has received the original certificate for verification of the date of birth. Entries in the School Admission Register, Transfer Certificate, Mark Sheet issued by the Directorate of Government Examinations, Chennai, have been properly recorded as per the declaration of the parents. There is no quarrel over the contention of the petitioner that the entries in the birth extract should be given preference over the declaration given by the parents. But in the instant case, as per the version of the school, the entries in the admission register, have been made only after verification of the Birth Certificate produced by the parents of the petitioner at the time of admission. No reasonable explanation has been given as to how the petitioner could obtain two birth certificates, i.e., one produced at the time of admission to the school in Standard I and subsequently. If there is any error in the date of birth, the remedy open to the petitioner is to let in oral and documentary evidence in a Court of competent civil jurisdiction and obtain a declaration of her date of birth. Entries made in the documents stated supra, cannot be said to have been made by inadvertence and therefore, alteration cannot be ordered by the respondents, for mere asking. Once a declaration has been given by the parents on the basis of the birth extract produced at the time of admission, it is their duty to establish before the competent Civil Court, by adducing evidence. Needless to say, admissions in schools in the city are made only after verification of all documents.
16. In the light of the above, this Court is of the view that the petitioner is not entitled to the relief sought for. Accordingly, the writ petition is dismissed. No costs.
nb To
1)The Headmistress, Holy Angels' Anglo Indian Higher Secondary School, T.Nagar, Chennai-600 017.
2)The Additional Secretary, Directorate of Government Examinations (Matric/A.I.S.L.C.) College Road, Chennai 600 006