IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 3649 of 2010(E) ------------------------- PETITIONERS: --------------- SHAHEEMA.S., D/O.ABBAS.S., PUTHUVAL PURAYIDAM, SAINIK SCHOOL P.O., THIRUVANANTHAPURAM- 695 585. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: --------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REP.BY DEPUTY SECRETARY, REGIONAL OFFICE, NEW PLOT NO.3, J BLOCK, ANNA NAGAR (WEST), CHENNAI-600 040. 2. REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, NEW PLOT NO.3, J BLOCK, ANNA NAGAR (WEST), CHENNAI-600 040. 3. PRINCIPAL, ALAN FELDMAN PUBLIC SCHOOL, KAZHAKUTTOM, TRIVANDRUM-695 582. STANDING COUNSEL SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH FOR R2 SRI.SANTHOSH KUMAR K. FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3649 of 2010 ------------------------------------------------ Dated this the 24th day of February, 2010 JUDGMENT The petitioner herein seeks for a direction to the respondents to correct the date of birth in the pass certificate, mark statements and school records as 12/2/1991 in accordance with Ext.P2 birth certificate and issue revised certificates and mark statements. 2. The petitioner herein passed the All India Secondary School Examination 2009 already. She studied in Alan Feldman Public School, Kazhakkutom in Thiruvananathapuram District. Ext.P1 is the copy of the mark statement. 3. The correct date of birth of the petitioner is 12/2/1991. Ext.P2 is the copy of the Birth Certificate issued by the Registrar of Births and Deaths of the Thiruvananthapuram Corporation. In the school admission register the date of birth is shown as 12/7/1991. According to the petitioner it was due to inadvertent mistake at the time of admission of the petitioner in the school. 4. Seeking for correction the petitioner approached the respondents through the third respondent. The said request was W.P.(C)No.3649 of 2010 2 rejected as per Ext.P3 relying upon Rule 69.2 (iv) of the Examination Bye law of the Board. The petitioner relies upon Ext.P4 judgment of this Court, rendered in similar circumstance. 5. Heard the learned counsel for the petitioner and learned Standing Counsel for the CBSE. 6. In the judgment in W.P.(C) No.14854/2009 (Ext.P4) this Court disposed of a similar matter in the light of a communication of the CBSE referred to by the Division Bench in W.A.1948/2008 and connected cases. In fact, in the said communication, it was stated that the date of birth in the certificate issued by the local authority will also be obtained by the school at the time of admission of a student in the school. The learned Single Judge therefore held as follows: “It is evident from the communication referred above that where birth of the candidate has been registered with the statutory authority, the date of birth of the candidate in the school records can be corrected even after the period of two years.” Accordingly, a direction was issued to the respondents to reconsider the petitioner's application having regard to the date of birth entered in the birth certificate issued by the Registrar of W.P.(C)No.3649 of 2010 3 Births and Deaths. 7. The only issue, therefore, to be considered is whether the request made by the petitioner ought to have been accepted. There cannot be any doubt that in the light of the findings rendered by the Division Bench in W.A.1948/2008 and connected cases and as the facts herein are also similar, the petitioner is entitled for a direction to the respondents to have the correction of the entry in terms of the birth certificate issued by the Corporation of Thiruvananthapuram, a copy of which has been produced as Ext.P2. True, the bye-law viz. clause 69.2(iv) had prescribed a period of two years. Actually, it can be treated as a period fixed for the administrative convenience alone and not as a period of limitation to bar the remedy. The respondents can consider the application dehors the clause in the Bye-law. 8. In the light of the above, Ext.P3 is quashed. There will be a direction to the respondents to reconsider the application of the petitioner in the light of the findings rendered above and in the light of the relevant material, viz. the birth certificate issued from the Corporation of Thriuvananthapuram, Ext.P2 herein. It will be open to the first respondent to verify W.P.(C)No.3649 of 2010 4 the originals of those certificates while taking a decision regarding the correction of date of birth and to seek further information, if any. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment. 9. The petitioner will thereafter produce corrected records before the School authorities for making necessary correction in the school registers also. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj