IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 29285 of 2009(E) ------------------------------------ PETITIONER: ------------------ MUHAMMED ARIF, S/O.HAMZA, PYRAVALAPPIL HOUSE, AGALAD, DISTRICT TRICHUR, KERALA. BY ADV. SRI.RAJIT RESPONDENTS: --------------------- 1. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI. 2. CENTRAL BOARD OF SECONDARY SCHOOL (REGIOAL OFFICE), TODARMAL, AJMER-305001. 3. PRINCIPAL, MIC ENGLISH SCHOOL, AGALAD, TRICHUR, KERALA. ADDL.R4. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, SOUTHERN REGIOIN, CHENNAI. (ADDL. R4 IS IMPLEADED AS PER ORDER DATED 10.11.2009 IN I.A.NO.13916/2009) ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE FOR R-1,2,4 SRI.T.RAMPRASAD UNNI FOR R1,2,4 SMT.SMITHA GEORGE FOR R1,2,4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No.29285 of 2009 - E ---------------------------------------- Dated 4th December, 2009 Judgment The petitioner appeared for the All India Secondary School Examination, 2004 conducted by the Central Board of Secondary Education after undergoing a regular course of study in MIC English School, Agalad in Thrissur district. In the school records and in the mark statement and pass certificate issued to the petitioner, his date of birth is entered as 10.9.1988. According to the petitioner, he was born on 17.1.1988 at Dubai, United Arab Emirates and the birth was also registered by the Indian Consulate at Dubai. Ext.P1 is a certified extract from the Register of Births maintained by the Indian Consulate at Dubai. The petitioner initially moved the Judicial First Class Magistrate's Court, Kunnamkulam for a direction to the Central Board of Secondary Education to correct his date of birth in the school records and in the mark statement and pass certificate issued to him. By Ext.P4 order W.P.(C) No.29285/2009 2 that application was rejected on the short ground that the Court below has no jurisdiction to entertain the said application. In this writ petition, the petitioner seeks a direction to the respondents to correct his date of birth in the school records and in the mark statement and pass certificate in tune with the date of birth entered in Ext.P1 extract from the Birth Register. 2. Sri.T.Ramaprasad Unni, the learned standing counsel appearing for the Central Board of Secondary Education submits that applications to correct the date of birth in the mark statement and pass certificate can be entertained even in cases where the birth is registered only if the application is made within two years from the date of passing the All India Senior Secondary Examination. He contends that as the said time limit has expired, the petitioner cannot under the Regulations apply for correction of date of birth in the mark statement and pass certificate. 3. I have considered the submissions made at the Bar by the learned counsel appearing on both sides. Ext.P1 extract from the Birth Register maintained by the Indian Consulate at W.P.(C) No.29285/2009 3 Dubai in accordance with the stipulations in The Citizens (Registration At Indian Consulates) Rules, 1956 establishes beyond doubt that the petitioner was born on 17.1.1988. Ext.P1 is an extract from the Birth Register maintained under a set of Rules issued under the Citizenship Act, 1955. I am therefore of the opinion that the date of birth in the Register of Births should prevail over the date of birth mentioned in the mark statement and pass certificate issued to the petitioner. I accordingly dispose of this writ petition with a direction that in the event of the petitioner surrendering the original of the mark statement and pass certificate relating to the All India Secondary School Examination, 2004 along with a certified copy of this judgment and an attested copy of Ext.P1 before the second respondent, the said officer shall issue a revised pass certificate and mark statement containing the date of birth as entered in Ext.P1. The revised mark statement and pass certificate shall be issued within two weeks from the date on which the petitioner surrenders the original of the mark statement and pass certificate earlier issued to him. The third respondent shall in the event of the petitioner producing the W.P.(C) No.29285/2009 4 revised pass certificate and mark statement before him make necessary corrections in the school records. P.N.RAVINDRAN Judge vaa