IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25250 of 2011(E) -------------------------- PETITIONER(S): --------------- KIRAN G.M,S/O.P.MAHENDRAN NAIR,AGED 18, SREEKRISHNA VILASOM, TAGORE ROAD, ARUMADU POST, THIRUVANANTHAPURAM 695 032. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE SECRETARY, NEW DELHI 110 001. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI 110 001. 3. THE JOINT SECRETARY CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 1630A,J BLOCK, ANNA NAGAR, WEST CHENNAI, PIN 600 040. 4. THE PRINCIPAL, ST.MARY'S RESIDENTIAL CENTRAL SCHOOL, POOJAPPURA, THIRUVANANTHAPURAM, KERALA PIN 695 012. SC FOR CBSE SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25250 of 2011(E) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE COPY OF THE EXTRACT OF CERTIFICATE OF BIRTH ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, CORPORATION OF THIRUVANANTHAPURAM. EXHIBIT P2. TRUE COPY OF THE PASS CERTIFICATE AND STATEMENT OF MARKS ISSUED BY THE IST RESPONDENT. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION OF THE FATHER OF PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P4. TRUE COPY OF THE ORDER DATED 26.8.2011 OF THE RESPONDENT. EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 13.1.2011 IN WP(C)36524/11 DATED 13.11.2011 ON THE FILE OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS : NIL //True copy// PA to Judge ANTONY DOMINIC, J --------------------------------------- W.P(C) No. 25250 of 2011 ---------------------------------------- Dated this the 23rd day of September , 2011. JUDGMENT Petitioner was the student of the School of which the 4th respondent is the Principal. The school is affiliated to the first respondent. It is stated that the petitioner's date of birth is 29.4.1993, in the school records and the certificates issued by the CBSE, his date of birth has been wrongly entered as 24.4.1994. He made an application to the 4th respondent for correction of his date of birth. The 4th respondent forwarded the application to the CBSE which is rejected by Exhibit P4 on the ground that the entries in the certificates issued are consistent with the school records. It is challenging Exhibit P4 the writ petition is filed. 2. Learned standing counsel who appearing for respondent Nos. 1 to 3 submit that in terms of the CBSE examination regulations, once an application is received, the Principal should consider the application and if only the school records are correct, the application need be forwarded to the CBSE for correcting the certificates issued. It is stated that in this case it was without correcting the school records the papers were W.P(C) No. 25250 of 2011 2 forwarded to the CBSE and it was therefore CBSE passed Exhibit P4 order. 3. In the light of the submissions made by the standing counsel appearing for respondents 1 to 3, Exhibit P4 order passed by them cannot be said to be illegal. In such circumstances, the only order to be passed is that on the production of a copy of the judgment along with a copy of writ petition the 4th respondent shall consider the application made by the petitioner which is stated to have been returned by respondents 1 to 3. It is directed that on such consideration if correction in the school records is allowed, the records will be forwarded to respondents 1 to 3, who thereupon will consider the request of the petitioner for correction of date of birth and orders thereon will be passed after conducting necessary enquiries. Sd/- ANTONY DOMINIC JUDGE rkc //True copy// PA to Judge