IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 26084 of 2009(E) ---------------------------------------- PETITIONER(S): ------------------------ RENJU RAJEEVAN, S/O. DR.P.RAJEEVAN, AGED 21 YEARS, RESIDING AT BHAGYASREE, T.C.7/540,NLRA-338,NEERAZHI LANE, ULLOOR, MEDICAL COLLEGE P.O.,THIRUVANANTHAPURAM-11. BY ADV. SRI.DENIZEN KOMATH SMT.SHERRY J THOMAS RESPONDENT(S): -------------------------- 1. THE COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS,NEW DELHI-110505 REPRESENTED BY ITS CHIEF EXECUTIVE & SECRETARY. 2. ST.THOMAS RESIDENTIAL SCHOOL,ST.THOMAS NAGAR, MUKKOLAKKAL, THIRUVANANTHAPRUAM-695 044 REPRESENTED BY ITS PRINCIPAL. R1 BY ADV. SRI.V.V.RAJA SRI.R.RANJITH R2 BY ADV. SRI.R.V.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26084/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF BIRTH ISSUED BY THE PANCHAYATH P2 COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THIS PETITIONER. P3 COPY OF THE RELEVANT PASS CERTIFICATE OF THE PETITIONER. P4 COPY OF THE APPLICATION PREFERRED BY THE PARENTS OF THE PETITIONER BEFORE THE 1ST RESPONDENT. P5 COPY OF THE REMINDER LETTER ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT DATED 10/7/2009. P6 COPY OF THE LETTER DECLINING REQUEST OF THIS PETITIONER'S PARENTS FOR RECTIFICATION OF MISTAKEN ENTRY OF THIS PETITIONER'S DATE OF BIRTH. RESPONDENT'S EXHIBITS: R2(A) COPY OF THE TRANSFER CERTIFICATE DATED10/5/1999, ISSUED BY THE MARION VILLA CONVENT ICSE SCHOOL, KUMARAPURAM, THIRUVANANTHAPRUAM. R2(B) COPY OF THE APPLICATION FORM SUBMITTED BY THE PETITIONER'S FATHER TO THE ST.THOMAS HIGH SCHOOL. R2(C) COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE ST.THOMAS HIGH SCHOOL BEARING NO.55/2000-2001 DATED 19/5/2000. R2(D) COPY OF THE APPLICATION DATED 19/5/2000. /TRUE COPY/ P.S.TO.JUDGE sts ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 26084 OF 2009 ----------------------------------------------------- Dated this the 27th day of July, 2011 J U D G M E N T Petitioner was a student of the 2nd respondent school. According to him his date of birth is 1-6-1988. However, in the records of the 2nd respondent and in the certificates issued by the respondents his date of birth was shown as 31.5.1989. He made application for correction and that was forwarded by the school to the first respondent. The first respondent rejected the application by Ext.P6 order, on the ground that the application made beyond one year of passing the examination is time barred. It is challenging Ext.P6, this writ petition is filed. 2. Although all the parties have filed their counter affidavits, in my view this issue is covered by several decisions of of this court where a consistent view has been taken to the effect that irrespective of the time frame fixed for making the applications for correction, even belated W.P.(C) No. 26084 of 2009 :2 : applications made by students are liable to be entertained and considered on merits. Therefore Ext.P6 order of rejection cannot be sustained. 3. Counsel for the 2nd respondent raises objection regarding certain allegations made by the petitioner regarding the 2nd respondent. I have gone through the pleadings and I am inclined to think that those vague allegations are unsubstantiated and unwarranted. Be that as it may, since I have already found that Ext.P6 is unsustainable, on production of a copy of this judgment along with a copy of this writ petition, the first respondent will consider the application made by the petitioner and pass orders thereon as expeditiously as possible at any rate within 8 weeks thereafter. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge