IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 1119 of 2009(G) ------------------------------------- PETITIONER: ------------------- LEYA K.PAUL, D/O.KUNJUKUNJU POULOSE, ATHITHODATHIL HOUSE, KUVOOR, KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK. BY ADV. MR.T.R.SUGUNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY REGISTRAR OF BIRTH AND DEATHS, KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM TALUK. 2. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, NERIAMANGALAM. 3. SMT.ARUNIMA SURESH, ASSISTANT EDUCATION OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CHENNAI. R1 BY SR. GOVT. PLEADER MR. P.N. SANTHOSH, R2 BY ADVS. MR.P.K.VIJAYAMOHANAN, MR.ALAN PAPALI, MR.GILBERT GEORGE CORREYA, MR.NISHIL.P.S, ADV. MR.ALEXANDER JOSEPH, R3 BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, ADVS. MR.RAMAPRASAD UNNI, MR.C.R.REKHESH SHARMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.1119 of 2009 - G ---------------------------------------- Dated 20th October, 2009 Judgment The petitioner appeared the All India Secondary School Examination conducted by the Central Board of Secondary Examination after undergoing a regular course of study in Jawahar Navodaya Vidyala, Neriamangalam in the year 2001. Her date of birth in the school records and in the pass certificate and mark statement issued to her by the CBSE is 16.8.1985. According to the petitioner, she was born on 16.8.1984 and her birth was registered in the Register of Births and Deaths maintained by the Kothamangalam Municipality. With a view to seek correction of her date of birth in the school records and in the pass certificate and the mark statement, the petitioner applied to the CBSE enclosing with it a copy of the birth certificate issued by the Kothamangalam Municipality. The said application was rejected on the ground that it was submitted beyond the time limit of two years from the date of declaration of the Class X result of the All India Secondary W.P.(C) No.1119/2009 2 School Examination, 2001. In this writ petition, the petitioner challenges the said decision and seeks a direction to the respondents to correct her date of birth in the school records, the pass certificate and mark statement from 16.8.1985 to 16.8.1984. 2. Sri.Ramaprasad Unni, the learned counsel appearing for the CBSE submits that the CBSE has taken a decision to amend its Regulations by providing for correction of the date of birth in the pass certificate and the mark statement, if the date of birth of the candidate has been registered by the registering authority under the Registration of Births and Deaths Act, 1969. He also submits that if the petitioner returns the original of the pass certificate and the mark statement of the All India Secondary School Examination, 2001 along with an extract of the Birth Register maintained by the Kothamangalam Municipality and a certified copy of this judgment, the Regional Director of the CBSE at Chennai will issue a fresh mark statement and pass certificate containing the correct date of birth. In the light of the said submission, I dispose of this writ petition with a direction that on the petitioner surrendering the W.P.(C) No.1119/2009 3 original of the pass certificate and mark statement issued to her on passing the All India Secondary School Examination, 2001 along with a certified copy of this judgment and a copy of the extract from the Register of Births and Deaths maintained by the Kothamangalam Municipality, the Regional Director of the CBSE at Chennai shall issue a revised pass certificate and mark statement to the petitioner containing the correct date of birth, namely 16.8.1984. This shall be done within two weeks from the date on which the petitioner surrenders the original of the pass certificate and mark statement. P.N.RAVINDRAN Judge vaa