IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27212 of 2011(B) ---------------------------------- PETITIONER(S): ----------------------- ASWIN KUMAR P.R., AGED 20 YEARS, S/O. P.S.RAMACHANDRAN, RESIDING AT GAYATHRI NIVAS, KANDASSANKADAVU P.O., THRISSUR DISTRICT-680 613. BY ADVS. SRI.C.R.REKHESH SHARMA SMT.SMITHA GEORGE SRI.K.G.RAJEESH RESPONDENT(S): ------------------------ 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, "SIKSHA KENDRA", 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301, REPRESENTED BY ITS CHAIRMAN. 2. THE CONTROLLER OF EXAMINATIONS, THE CENTRAL BOARD OF SECONDARY EDUCATION, "SIKSHA KENDRA", 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 301. 3. THE REGIONAL OFFICER, CBSE, OFFICE OF THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, (OLD NO.1630-A), J BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040. 4. THE PRINCIPAL, SARASWATHY VIDYA NIKETHAN CENTRAL SCHOOL, ENGANDIYUR P.O., PIN-680 616, THRISSUR DISTRICT. 5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SASTHRI BHAVAN, NEW DELHI-110 001. R1 TO R3 BY SC., SRI.DEVAN RAMACHANDRAN. R5 BY ASG., P. PARAMESWARAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 27212 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : THE TRUE COPY OF BIRTH CERTIFICATE FROM PERUMBAVOOR MUNICIPALITY. EXT.P2 : THE TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE, BEARING REG.NO.S.NO.SSE/2007/377816 DTD.28.5.2007. EXT.P3 : TRUE COPY OF MARK SHEET ISSUED BY THE CBSE, ON 28.5.2007, BEARING NO.S.NO.SSE/2007/089078. EXT.P4 : TRUE COPY OF THE APPLICATION OF THE PETITIONER'S FATHER TO CBSE DTD.11.8.11 FOR CORRECTION OF DATE OF BIRTH. EXT.P5 : TRUE COPY OF THE APPLICATION FORMAT SEND BY THE PETITIONER FORWARDED THROUGH 4TH RESPONDENT. EXT.P6 : THE TRUE COPY OF THE LETTER FROM THE 4TH RESPONDENT TO 3RD RESPONDENT. EXT.P7 : TRUE COPY OF THE REMINDER FOR ABOVE APPLICATION DTD.1.10.2011. EXT.P8 : TRUE COPY OF THE JUDGMENT IN WPC NO.34201 OF 2008 DTD.20.11.08. EXT.P9 : TRUE COPY OF THE NOTIFICATION COORD/SD-K/F-08/2009, DTD.15.9.2009. RESPONDENTS' EXHIBITS : NIL //TRUE COPY/ P.A TO JUDGE STU ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 27212 of 2011 B ``````````````````````````````````````````````````````````` Dated this the 14th day of October, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ According to the petitioner, he was a student of the school of which the fourth respondent is the Principal. The school is affiliated to the first respondent. It is his case that though his date of birth is 20.02.1991, in the school records and the certificates issued by the respondents, his date of birth has been wrongly shown as 20.02.1992. It is stated that he made application both to the CBSE and to the school for correction of the said mistake and that, even the Principal made a recommendation by Ext.P6, it was not fruitful. It is in these circumstances, the writ petition has been filed. 2. I heard the Standing Counsel appearing for respondents 1 to 3. 3. A reading of Ext.P6 shows that, though the W.P.(C) No.27212/11 : 2 : Principal has no objection to correct the date of birth of the petitioner, as rightly pointed out by the Standing Counsel for the CBSE, on receipt of a request, it is for the Principal to consider the same and correct the school records. Only if such corrections are allowed, can the CBSE consider the request for correction in the certificates issued by them. In this case, as pointed out by the CBSE, school has not corrected the school records and, therefore, at this stage what is required is the Principal should consider the request and pass orders thereon. 4. In that view of the matter, I dispose of this writ petition with the following directions:- That it will be open to the petitioner to make a fresh application to the Principal of the school, seeking correction of the date of birth, producing supporting documents. If such a request is made, the fourth respondent will consider the same and if school records are corrected, the papers will be forwarded to the third respondent, who, on receipt thereof, W.P.(C) No.27212/11 : 3 : shall make necessary verification and pass appropriate orders. This shall be done without any delay. Sd/- (ANTONY DOMINIC, JUDGE) aks/14/10 // True Copy // P.A. To Judge