IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 W.P(C).No. 38110 of 2007(J) --------------------------------- PETITIONER: -------------- NAVIN M.S,AGED 16,S/O.SANAL KUMAR, MALIYAKKAL HOUSE,NAYARAMBALAM P.O,ERNAKULAM 682 509.REP.BY HIS NEXT FRIEND FATHER,SANAL KUMAR. BY ADV. SRI.P.FAZIL SMT.JAYASREE MANOJ RESPONDENTS: ----------------- 1. UNION OF INDIA,REP.BY SECRETARY TO GOVERNMENT,MINISTRY OF HUMAN RESOURCES DEVELOPMENTNT, NEW DELHI. 2. DEPUTY SECRETARY,CENTRAL BOARD OF SECONDARY EDUCATION,REGIONAL OFFICE,16TH MAIN ROAD,ANNA NAGAR (WEST),CHANNAI - 40. 3. JOIN SECRETARY,REGIONAL OFFICE,CENTRAL BOARD OF SECONDARY EDUCATION,REGIONAL OFFICE, 16TH MAIN ROAD,ANNA NAGAR (WEST),CHENNAI -4O. 4. THE PRINCIPAL,TALENT PUBLIC SCHOOL, AFFILIATED TO CBSE (AFFILIATION NO.930390), NARAKKAL,KOCHI-682 505. BY ADV. SRI.DEVAN RAMACHANDRAN SMT.T.G.SEETHAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 38110 OF 2007 J = = = = = = = = = = = = = = = = Dated this the 29th January, 2008 J U D G M E N T The prayer made in this writ petition is for quashing Ext. P5 and for directing respondents 2 and 3 to change the date of birth of the petitioner from 14.8.1991 to 14.2.1991 in the records maintained by the Board and thereafter to issue a fresh Secondary School Examination certificate incorporating the correct date of birth of the petitioner. 2. Petitioner submits that the date of birth of the petitioner as entered in the school records was 14.8.1991. Complaining that there was a mistake committed, Ext. P3 application was made by his father to have the date of birth corrected as 14.2.1991. That correction was allowed by the school authorities and by Ext. P4, the school authorities forwarded the records to the 2nd respondent for carrying out the correction in their records and for issuing necessary certificate on that basis. However, the request has been turned W.P.(C) No. 38110 OF 2007 -2- down by the 2nd respondent by Ext. P5 order stating that in view of Rule 69.2(i) of the Examination Bye-laws 1995, the request made is impermissible. According to the 2nd respondent, on verification of the original school records they found that the date of birth of the petitioner was 14.8.1991 and that the same was printed in the school certificates. A reading of Rule 69.2(i) referred to above shows that corrections in the date of birth to correct typographical and other errors to make the certificate consistent with the school records can be made provided that corrections in the school records should not have been made after the submission of the application. It is presumably on this basis that it is stated in Ext. P5 that the date of birth mentioned in the school certificate is the same date which is mentioned in the school records. 3. While taking the aforesaid stand, the 2nd respondent has forgotten the fact that the school records have been corrected and that the correction sought for is only to make the date of birth in the records maintained by the 2nd respondent consistent with the records maintained in the school. If that be so, even going by rule 69.2(i), the correction sought for by the petitioner is certainly permissible. The conclusion to the contrary seen in Ext. P5 cannot W.P.(C) No. 38110 OF 2007 -3- be sustained and for that reason Ext. P5 deserves to be quashed and I do so. 4. The 2nd respondent is directed to reconsider Ext. P4 and allow the correction of date of birth by correcting the date incorporated in Ext. P1 to make it consistent with the date indicated in Ext. P2 birth certificate. The correction as above will be incorporated in the records as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-