IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 8416 of 2011(B) ------------------------ PETITIONER: ------------------ VYSAKH.M, S/O.MOHANDAS, AGED 22 YEARS, AT TC.4/1299, 'VYSAKH', PENTOGON COLONY, KOWDIAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.J.S.AJITHKUMAR SRI.S.ASWAKUMAR RESPONDENT: --------------------- THE SECRETARY & CHIEF EXECUTIVE COUNCIL FOR ICSE EXAMINATION, PRAGATI HOUSE, 3RD FLOOR, 47-48 NEHRU PLACE, NEW DELHI-110 505. R1 BY ADV. SRI. V.V. RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No. 8416 of 2011 -------------------------- Dated this the 24th March, 2011 J U D G M E N T Petitioner is stated as aggrieved of the inadvertant mistake which has crept in the relevant school records/certificates showing the date of birth of the petitioner as 19.1.1990 in place of '19.1.1989'. 2. The case of the petitioner is that, the date of birth of the petitioner was wrongly recorded in the admission register in the Christ Nagar Higher Secondary School as 19.1990 (instead of 19.1.1989) which happened to be incorporated in the other school records and in turn, in the Certificates. 3. The learned counsel for the petitioner submits that the petitioner did not realise the gravity of the mistake earlier, which got surfaced only now; when the petitioner received the certificates. It was in the the said circumstances that the petitioner filed application before the respondent through the school authorities It is stated that the application forwarded by the school authorities to W.P (C) No. 8416 of 2011 2 the respondent, was not positively dealt with, but for sending Ext.P4 reply stating that the request could not be acceded to, as it was beyond the prescribed period, which made the petitioner to approach this Court seeking for appropriate reliefs. 4. The learned standing counsel for the respondent submits that, by virtue of the mandate under the "Regulations and Scheme" of the I.C.S.E, the petitioner has to approach the school authorities and get his school records corrected first, showing the actual date of birth as '19.1.1989'. Thereafter, the application has to be got forwarded, along with the corrected date of birth as certified by the school authorities, to the respondent for further steps. 5. In the above circumstances, the petitioner is left to approach the school authorities and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered W.P (C) No. 8416 of 2011 3 and final orders shall be passed by the respondent in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008 holding that the bar as referred to in Ext.P4 will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall be passed by the respondent as expeditiously as possible, at any rate, within 'eight weeks' from the date of receipt of a copy of the proceedings as aforesaid. The writ petition is disposed of as above. Sd/- P.R.RAMACHANDRA MENON, JUDGE ma /True copy/ P.A to Judge