NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3412 OF 2009 (Arising out of SLP(C) No. 17932 of 2008)

L. Muhammed Aslam                                                          ……….Appellant

Versus

State of Kerala Represented by Chief Secretary and Ors.                                                                …….Respondent

JUDGMENT  

H.L. Dattu,J.  

Leave granted.

1)This is an appeal by special leave against the judgment of High Court of  

Kerala  dated  27.05.2008  in  Writ  Appeal  No.965  of  2008.   By  the  

impugned order, the Division Bench of the High Court has affirmed the  

order passed by the High Court in Writ Petition No.6999 of 2008 dated  

02.04.2008, wherein and whereunder, the Court, has set aside the order  

passed by the State Government dated 16.01.2008.

2)The Petitioner,  at the relevant point of time, was working as Deputy  

Superintendent  of  Police,  Immigration  Wing,  Calicut  International  

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Airport.  It is his assertion that in his School records, his date of birth was  

wrongly entered and therefore coming to know of the said mistake, he  

had  requested  the  State  Government  to  correct  his  date  of  birth  as  

12.01.1953 in the School records instead of 12.06.1954 and his request is  

favorably  considered  by  the   State  Government  vide  its  order  dated  

16.01.2008 and the same could not have been taken exception to by the  

High  Court  and  therefore  requests  this  Court  in  this  appeal  for  

appropriate orders and directions.

3)Having carefully  perused  the  judgment  and  the  order  passed  by  the  

High  Court,  in  our  considered  view,  the  Court  has  understood  the  

purport,  object  and  purpose  of  the  Government  order  in  the  proper  

perspective  and  has  correctly  come  to  the  conclusion  that  the  State  

Government while considering the claim of the appellant could not have  

diluted its own order to assist the appellant who had not complied with  

the conditions stipulated in the Government order.

4)The only question that would arise for our consideration in this appeal  

is whether the High Court can sit in appeal over the decision of the State  

Government  correcting  the  date  of  birth  of  an  officer  of  the  State  

Government.   In   our  view,  the  judicial  review of  the  Administrative  

action is now well settled by plethora of the decisions of this Court and  

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the  references  to  those  decisions  and  the  observations  made  therein  

would be unnecessary in the facts and circumstances of this case.   

5)In the result, we are of the considered opinion that there is no merit in  

this petition and, accordingly, it requires to be rejected.

6)In view of the above, the appeal is dismissed.  Parties are directed to  

bear their own costs.

                                                                                     …………………………………J.                                                                                        [TARUN CHATTERJEE]

                                                                                     …………………………………J.                                                                                        [ H.L. DATTU ] New Delhi, May 08, 2009.

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