- 1 - HC-KAR NC: 2026:KHC-D:472 WP No. 109161 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109161 OF 2025 (S-R) BETWEEN: BASAPPA D/O. DYAMAPPA MAREWAD, AGE: 74 YEARS, OCC: COOLIE, R/O. MANAGUNDI VILLAGE, TQ AND DIST: DHARWAD. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND: 1. KARNATAKA UNIVERSITY DHARWAD REP. BY REGISTRAR, UNIVERSITY CAMPUS, DHARWAD-580003. 2. THE FINANCE OFFICER, KARNATAKA UNIVERSITY, UNIVERSITY CAMPUS, DHARWAD-580003. …RESPONDENTS (BY SRI. K.L. PATIL, ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 29.09.2016 PASSED BY RESPONDENT NO.1 IN NO.KVV/CAASUVI/SHIKSHAKETARA/12/2016/4033 VIDE ANNEXURE-J; A WRIT IN A NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO FIX THE DATE OF RETIREMENT AS 21.05.2016 AND RELEASE ALL SERVICE BENEFITS IN ACCORDANCE WITH LAW AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 16:04:37 +0530 - 2 - HC-KAR NC: 2026:KHC-D:472 WP No. 109161 of 2025 ORAL ORDER The petitioner was appointed as a coolie on 01.12.1981 in the respondent-University and upon the completion of probation period, was notified as a permanent employee. At the time of entry into service, the petitioner’s date of birth recorded in the service registrar as 21.05.1956. 2. Subsequently, based on a complaint made by third parties namely, Neelambika and Sushila, alleging that petitioner’s actual date of birth was 21.05.1951 and not 21.05.1956, respondent No.1 passed an order dated 29.09.2016 (Annexure-J) altering the petitioner’s date of birth as 31.05.2011, with further direction to recover the service benefit drawn till 30.12.2015. Aggrieved by the action, the petitioner has approached this Court. 3. It is not in dispute that the question the alternation of his date of birth, the petitioner initiated proceedings under 13(3) of the Birth and Death Registration - 3 - HC-KAR NC: 2026:KHC-D:472 WP No. 109161 of 2025 Act, 1969, before the Trial Court in Crl.Misc.No.19/2022. The said petition came to be allowed by the competent Court on 22.07.2022, directing the authorities to record the petitioner’s date of birth as 21.05.1956 in the statutory registrar and to issue birth certificate accordingly. 4. Learned counsel for the petitioner submits that the alternation of date of birth was done unilaterally solely on basis of a third party complaint without verification of records and without affording opportunity to the petitioner. It is contended that once competent Court has declared the petitioner’s date of birth as 21.05.1956, the impugned order cannot be sustained and requires to be set aside. 5. Per contra, learned counsel appearing for the respondents contends that the respondents were not a party to the proceedings in Crl.Misc.No.19/2022 and therefore, the said order is not binding on them. It is further submitted that University acted upon the complaint received and no interference is warranted. - 4 - HC-KAR NC: 2026:KHC-D:472 WP No. 109161 of 2025 6. This Court has carefully considered the contentions urged by the learned counsel for the parties and perused the materials available on record. Undisputedly, the petitioner’s Crl.Misc.No.19/2022 has been allowed and the Trial Court has passed the following order: “ORDER The petition filed by the petitioner under Sec.13(3) of Birth and Death Registration Act 1969 is hereby allowed. Respondent is hereby directed to enter the date of birth of the petitioner by name Basappa S/o Dyamappa Marewad who was born on 21- 05-1956 at Managundi village, Tq & Dist:Dharwad, in the Register concerned maintained in the office of respondent, on collecting the necessary fees. Further the respondent is directed to put a note in the remarks column of the birth certificate to be issued to the petitioner about the entry of the date of birth of the petitioner is as per the orders of the Court in Criminal Miscellaneous No.19/2022.” - 5 - HC-KAR NC: 2026:KHC-D:472 WP No. 109161 of 2025 7. The respondents without any independent statutory authority solely on basis of third party complaint alter the petitioner’s date of birth to 21.05.1956, which resulted in the retrospective fixation of the date of retirement and recovery of service benefits. Once competent Court has adjudicated the issue of date of birth and directed correction of the statutory record, the impugned order fixing the petitioner’s date of birth as 21.05.1951 cannot be sustained. 8. Further it is relevant to note that the petitioner has admittedly worked till 30.12.2015 in such circumstances, the impugned order dated 29.09.2016 calls for interference. Accordingly, this Court pass the following; ORDER i) The Writ Petition is allowed. - 6 - HC-KAR NC: 2026:KHC-D:472 WP No. 109161 of 2025 ii) The impugned endorsement dated 29.09.2016 passed by the respondent No.1 is hereby quashed. iii) Respondent No.1 is directed to reconsider and pass appropriate orders in accordance with law keeping in view the order passed in Crl.Misc.19/2022, within a period of eight [8] weeks from the date of receipt of this order. Sd/- JUSTICE K.S.HEMALEKHA PJ/ CT-MCK LIST NO.: 1 SL NO.: 14