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. 9356 of 2011(T) ------------------------- PETITIONER: ------------------ SARA SUPRIYA MAMMAN (MINOR), AGED 17 YEARS, REPRESENTED BY HER FATHER AND NATURAL GUARDIAN SHRI.MATHAI T.M., AGED 49 YEARS, S/O.MATHAI T.M., RESIDING AT BHARATHAKSHEMAM APARTMENTS, C/O.TAJ ANTONY, IST BAY, II FLOOR, EAST FORT, TRICHUR - 5. BY ADV. SRI.U. BALAGANGADHARAN RESPONDENTS: ----------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, COMMUNITY CENTRE, PREETHY VIHAR, DELHI - 110 992. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE DEPUTY SECRETARY, REGIONAL OFFICE NO.III, J BLOCK, ANNA NAGAR, CHENNAI - 40. 3. THE PRINCIPAL, ST.JUDES PUBLIC SCHOOL KUTTANELLOR P.O., ELAMATHURUTHY, TRICHUR 680 014. 4. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, COMMUNITY CENTRE, PREETHY VIHAR, DELHI - 110 992. R1 & R2 BY ADV. SRI. DEVAN RAMACHANDRAN 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.9356 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 29.1.1994 in place of '29.6.1993'. 2. The case of the petitioner is that, the mistake was caused due to the mistake committed by the petitioner's father at the time of admission of the petitioner in Army School 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 school records/certificates. It was in the the said circumstances that the father of the petitioner filed Ext.P4 application before the school authorities. It is stated that the application forwarded by the school authorities to the respondents 1 and 2, was not W.P (C) No. 9356 of 2011 2 positively dealt with, but for sending Ext.P5 letter of the 2nd respondent stating that the request could not be acceded to, as it was beyond the period of 'two years' which made the petitioner to approach this Court seeking for appropriate reliefs. 4. The learned standing counsel for the 1st respondent submits that, by virtue of the mandate under the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get his school records corrected showing the actual date of birth as '29.6.1993'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the 2nd respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner. 5. In the above circumstances, the petitioner is left to approach the 3rd respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the 2nd respondent as prescribed for taking further steps. On receipt of such W.P (C) No. 9356 of 2011 3 proceedings, the matter shall be considered and final orders shall be passed by the 2nd 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 of 'two years' as referred to in Ext.P5 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 2nd 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 W.P (C) No. 9356 of 2011 4 P.R.RAMACHANDRA MENON, JUDGE ma