IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 21949 of 2009(K) -------------------------------------- PETITIONER(S): ---------------------- ARJUN R., RESIDING AT "CHITHIRA", EDATHUM THAZHAKUNI, ORKKATTERI P.O., KOZHIKODE DISTRICT, KERALA. BY ADV. MR.C.VALSALAN MR.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENT(S): ------------------------ 1. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI. 2. REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, (REGIONAL OFFICE), CHENNAI. R1 & R2 BY ADV. MR T.RAMPRASAD UNNI, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------------------- W.P.(C)No.21949 of 2009 ----------------------------------------- Dated 9th September, 2009 JUDGMENT Heard Sri.C.Vathsalan, the learned counsel appearing for the petitioner and Sri.T.Ramaprasad Unni, the learned standing counsel appearing for the respondents. 2. The petitioner passed the All India Secondary School Examination conducted by the Central Board of Secondary Education in March, 2005 after undergoing a regular course of study in Gokulam Public School, Vadakara. His date of birth entered in the register of births and deaths maintained by the Thalassery Municipality is 23.3.1989. However, in the school records, his date of birth was wrongly entered as 25.5.1990. The said date of birth was entered in the original of Ext.P1 certificate issued by the Central Board of Secondary Education after the petitioner passed the All India Secondary School Examination, 2005. The petitioner submits that after passing the All India Secondary School Examination 2005, he has undergone higher studies and has obtained a Diploma in Tool and Die Engineering. He submits that with a view to seek employment abroad he has applied for and been issued a passport wherein the date of birth has been entered as 23.3.1989 in tune with the date of birth WP(C).No.21949/2009 2 given in Ext.P2 extract from the register of births and deaths issued by the Thalassery Municipality. The petitioner submits that if the date of birth entered in the original of Ext.P1 is not altered in tune with the date of birth mentioned in Ext.P2 birth certificate and his passport, he cannot seek employment abroad. He submits that though he has submitted Ext.P5 application before the second respondent through the Principal of the school where he underwent studies, for correction of date of birth in the school records, in the original of Ext.P2 and in the transfer certificate, the said request was rejected and the decision communicated to the Principal of the school by Ext.P6 letter dated 24.3.2009. In this writ petition, the petitioner challenges Ext.P6 and seeks a writ in the nature of mandamus commanding the respondents to correct his date of birth in the original of Ext.P1 and other school records as 23.3.1989 instead of 25.5.1990. 3. The pleadings disclose that the petitioner's request for correction of date of birth was rejected on the short ground that the application for correction of date of birth should have been made within two years from the date of leaving the school. The learned counsel appearing for the petitioner however submits that a similar issue was considered by a Division Bench of this Court in W.A.No.1948 of 2008 and connected cases wherein the Division Bench after referring to a communication addressed by the Central Board of Secondary Education to the Regional Officer at Chennai, directed the WP(C).No.21949/2009 3 Central Board of Secondary Education to take a decision to correct the date of birth in the school records of the parties to the said writ appeal and connected cases. The learned standing counsel appearing for the respondents concurs with the said submission. 4. I have perused the judgment of the Division Bench of this Court in W.A.No.1948 of 2008 & connected cases. The communication issued by the Central Board of Secondary Education to the Regional Officer at Chennai reads as follows: “Pursuant to the above orders the Competent Authority of CBSE had constituted a Committee comprising of HOD (Edusat), Section Officer (Co- ordination) and Section Officer (Legal) to look into each cases and submit its report. The Committee recommended the following: 1. To correct the Date of birth of the candidates who had applied to CBSE after two years as stipulated in the CBSE Byelaws. 2. Change the date of birth of the candidates who had the birth certificate which is issued by Statutory Body so that they may not face any difficulty on account of in consistent date of birth in different documents. In order to avoid any difference in date of birth for deciding future cases, the CBSE has also amended the Examination Bye-laws. The date of birth in which the certificate issued by Municipal Authority will also be obtained by the school, at the time of admission of a student in the school. The recommendation of the Committee has been approved by the Competent Authority of CBSE. Hence in all the writ petitions/writ appeals the prayer made by the candidates/petitioners have been acceded to by CBSE.” 5. It is evident from the communication referred above that where birth of the candidate has been registered with the WP(C).No.21949/2009 4 statutory authority, the date of birth of the candidate in the school records can be corrected even after the period of two years. I am therefore of the opinion that the respondents should reconsider the petitioner's application for correction of his date of birth in the original of Ext.P1 and in other school records having regard to the date of birth entered in Ext.P2 birth certificate issued by the Registrar of Births and Deaths of Thalassery Municipality under the provisions of the Registration of Births and Deaths Act, 1960. A decision in that regard shall be taken and a revised pass certificate giving the date of birth as in Ext.P2 birth certificate shall be issued to the petitioner within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent. The petitioner shall in order to enable the second respondent to act as directed above return to the second respondent the original of Ext.P1, along with a certified copy of this judgment. The second respondent shall also instruct the Principal of the school where the petitioner underwent studies to effect necessary changes in the school records. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS