- 1 - NC: 2025:KHC:6495-DB WA No. 1360 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO.1360 OF 2024 (S-RES) BETWEEN: D. SHASHIKALA D/O LATE D. VENKATARAMANA AGED ABOUT 72 YEARS NO. 31/50, GOPIGANA NILAYA SANNIDHI ROAD, BASAVANAGUDI BANGALORE-560 004. …APPELLANT (BY SRI K. RAGHAVENDRA, ADVOCATE) AND: 1. THE SECRETARY KARNATAKA SECONDARY EDUCATION EXAMINATION BOARD MALLESHWARAM, 6TH CROSS BANGALORE-560 003. 2. THE COMMISSIONER OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD K.R. CIRCLE BANGALORE-560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6495-DB WA No. 1360 of 2024 3. THE REGIONAL JOINT COMMISSIONER (SOUTH) B.B.M.P. COMMERCIAL COMPLEX 2ND BLOCK, JAYANAGARA BANGALORE-560 004. 4. THE ASSISTANT COMMISSIONER (ADMINISTRATIVE) BANGALORE SOUTH B.B.M.P. COMMERCIAL COMPLEX 2ND BLOCK, JAYANAGARA BANGALORE-560 004. 5. THE ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL PARK HOUSE ROAD DEVARAJA ARASU ROAD OPP. TO K.P.S.C. BANGALORE-560 001. …RESPONDENTS (BY SRI K.S. HARISH, GA FOR R1, R2 & R5; R3 AND R4 SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDERS OF THE LEARNED SINGLE JUDGE DATED 13.02.2024 IN WRIT PETITION NO.191/2024(S-RES) ON THE FILE OF THIS HONB'LE COURT, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:6495-DB WA No. 1360 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER ON I.A.NO.1 OF 2024 (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. K. Raghavendra for the applicant-appellant and learned Government Advocate Mr. K.S. Harish for respondent Nos.1, 2 and 5. 2. This application is filed seeking condonation of delay of 159 days in preferring the appeal. 3. The passage of time leading to delay is explained in the accompanying affidavit. It was stated that after the judgment and order was delivered by learned Singe Judge dismissing the writ petition on 13.02.2025, the applicant instructed his advocate to apply for certified copy immediately for filing the appeal. It was further stated that, however, due to disability, the applicant was unable to arrange funds for payment of legal expenses. Time was consumed in collecting the money which lead to delay of 159 days. - 4 - NC: 2025:KHC:6495-DB WA No. 1360 of 2024 4. It appears that because of differently-abled capacity of the applicant, he was not able to quickly arrange funds for legal expenses which contributed to passage of time leading to delay in filing of the appeal. The applicant had instructed to immediately apply for certified copy with an intention to file the appeal. 5. Therefore, it is not possible to attribute any indolence and negligence on part of the applicant. 6. Sufficient cause is made out. Delay is condoned. 7. I.A.No.1 of 2024 is accordingly allowed. ORAL JUDGMENT Having condoned the delay as per above order, the appeal was taken up for hearing as requested and consented by both the sides, through their learned advocates. 2. Heard learned advocates for the respective parties. 3. The petitioner-appellant was working as a music teacher. She took voluntary retirement on 01.09.2001. She had an occasion to file writ petition No.191 of 2024 seeking to call in question the endorsement dated 22.02.2023 issued by respondent No.4, - 5 - NC: 2025:KHC:6495-DB WA No. 1360 of 2024 whereby the request of the petitioner-appellant to alter the date of birth in her service record was not entertained by respondent Nos.1 and 2. It was the case of the petitioner before the authorities that her date of birth was corrected pursuant to the decree passed in Original Suit No.4988 of 2013. 3.1 From the facts on record, it appears that pursuant to the decree passed, the petitioner had approached the authorities for alteration of the date of birth and a fresh Secondary School Leaving Certificate was issued. The said school leaving certificate figures on record (Annexure-G page 50). It bears an endorsement in the vernacular which was explained to the Court to suggest that it was a condition put in the fresh certificate that the alteration of the date of birth as reflected therein would not enure valid for any service purpose. 4. Even otherwise, the regulations under the Karnataka State Servants (Determination of Age) Act, 1974 provides under Section 4 as under, "4. Bar of alteration of age expect under the Act: Notwithstanding anything contained in any law or and judgment, decree or order of any court or other authority, no alteration of the age or date of birth of a state servant as accepted and recorded or deemed - 6 - NC: 2025:KHC:6495-DB WA No. 1360 of 2024 to have been accepted and recorded in his service register or book or any other record of service under section 3 shall, in so far as it relates to his conditions of service as such state Servant, be made except under Section 5." 5. Apart from all the above, weighty aspects operate in and against the petitioner-appellant which would disentitle her to seek any relief with regard to change of the date of birth in the service record. It is trite principle that a long standing entry regarding the date of birth in the service record cannot be altered at the fag end of the service tenure of the employee, and the change in the date of birth could be permitted only within the time stipulated as may be allowed under the rules. 6. For all the aforesaid reasons, no error could be booked in the judgment and order of learned Single Judge in dismissing the writ petition and not granting relief to the petitioner. 7. The appeal is meritless and it is accordingly dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh, List No.: 1 Sl No.: 29