IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29634 of 2011(D) -------------------------- PETITIONER(S): ---------------------- PRIYA S.VIJAYAN, D/O.S.VIJAYAN, THEKKUVILA HOUSE, VETTITHITTA P.O., ALIMUKKU, KOLLAM DISTRICT, PIN-689696. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENT(S): ------------------------ 1. CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY THE CHAIRMAN, COMMUNITY CENTRE, PREETHY VIHAR, DELHI-110092. 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.III, J BLOCK, ANNA NAGAR (WEST), CHENNAI-40. 3. THE PRINCIPAL, SABARIGIRI SENIOR SECONDARY SCHOOL, THOLICODE P.O., PUNALUR, KOLLAM-691333. BY ADV. SRI.DEBVAN RAMACHANDRAN, CBSE, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 8.11.2011 , THE COURT ON 08/11/2011 DELIVERED THE FOLLOWING: VK WP(C).No. 29634 of 2011(D) --------------------------------------- APPENDIX -------------- PETITIONER(S) EXHIBITS ----------------------------------- EXT.P1 TRUE COPY OF THE PASS CERTIFICATE IN ALL INDIA SECONDARY SCHOOL EXAMINATION, 2007 ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY PUNALUR MUNICIPALITY. EXT.P3 TRUE COPY OF THE PETITIONER DATED NIL. EXT.P4 TRUE COPY OF THE LETTER DATED 23/12/2010 ISSUED BY 3RD RESPONDENT. EXT.P5 TRUE COPY OF THE JUDGEMENT DATED 5/8/2009 PASSED IN WA.1948/08 ON THE FILE OF THIS HON'BLE COURT. EXT.P6 TRUE COPY OF THE JUDGEMENT DATED 14/10/2009 PASSED IN WPC.14854/09 ON THE FILE OF THIS HON'BLE COURT. EXT.P7 TRUE COPY OF THE APPLICATION DATED 4/1/11. EXT.P8 TRUE COPY OF THE REPLY DATED 1/8/2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 29634 OF 2011 ----------------------------------------------------- Dated this the 8th day of November, 2011 J U D G M E N T Petitioner was a student of the school of which the 3rd respondent is the Principal. The school is affiliated to the first respondent. According to the petitioner though his date of birth is 19.6.1991, in the school records and in the certificates, her date of birth has been wrongly recorded as 1.6.1991. She made an application for correction of the aforesaid alleged mistake and that is rejected by the 2nd respondent as per Ext.P8 order on the ground that what is entered in the certificate is consistent with the date of birth available in the school records. It is in these circumstances this writ petition is filed. 2. The Standing Counsel for the respondents submit that if an application is received for correction of date of birth, the principal is to consider the same in the light of the documents produced and if the school records are W.P.(C) No. 29634 OF 2011 :2 : corrected, then the application and other records are to be forwarded to respondents 1 and 2 for making correction in the certificates. It is stated in this case without correcting the school records, the Principal forwarded the application to the 2nd respondent and it was therefore that Ext.P8 communication was issued. 3. If the regulations of respondents 1 and 2 are as stated above, they cannot be faulted for the stand taken in Ext.P8. Therefore, in the light of the regulations, the Principal should have considered the application and only if correction is carried out in the school record, forwarded the same to the 2nd respondent. Since such an exercise was not done, I dispose of the writ petition directing that it will be open to the petitioner to make a fresh application to the 3rd respondent, in which event the 3rd respondent will consider the same and if corrections are made in the school records, the application and the other records will W.P.(C) No. 29634 OF 2011 :3 : be forwarded to the 2nd respondent, who on receipt thereof, will conduct necessary enquiries and pass orders in the manner as prescribed by the regulations. 4. If the application is received from the petitioner as above, the 3rd respondent shall complete the exercise within four weeks and on its receipt the 2nd respondent shall complete the aforesaid process within 8 weeks thereafter. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge