IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 20528 of 2008(R) -------------------------- PETITIONER: ------------ RAHUL RAJ, AGED 18, S/O.K.RAJAN PILLAI, VALIYAVILA VEEDU, VADAKKODE, KURA P.O. 691 557 VIA CHENGAMANAD, KOLLAM DISTRICT. BY ADV. SRI.ABRAHAM P.GEORGE RESPONDENTS: ------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, NEW PLOT NO.3 (OLD PLOT NO.1630A) ANNA NAGAR WEST, CHENNAI - 40, REPRESENTED BY THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3 (OLD PLOT NO.1630 A) (J BLOCK), ANNA NAGAR WEST,CHENNAI 2. THE PRINCIPAL THE MAR GREGARIOUS MEMORIAL RESIDENTIAL PUBLIC SCHOOL (SENIOR SECONDARY), MYLAM P.O KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.C.V.MANUVILSAN SRI.SYAM J SAM SRI.K.RAMAKUMAR (SR.) FOR R1 SMT.SMITHA GEORGE FOR R1 SRI.T.RAMPRASAD UNNI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No.20528/2008 APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE ALL INDIA SECONDARY SCHOOL EXAMINATION CERTIFICTE OF THE PETITIONER. P2. COPY OF THE MARKS STATEMENT. P3. COPY OF THE SENIOR SCHOOL CERTIFICATE EXAMINATION. P4. COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER. P5. COPY OF THE APPLICATION BEFORE R2. P6. COPY OF THE APPLICATION TO R1 BY R2 DTD.24.6.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.25028 of 2008 ================== Dated this the 22nd day of August, 2008 J U D G M E N T The petitioner was a student of the 2nd respondent school for higher secondary course. He appeared for the 10th Std. Examination in 2006, for which Ext.P1 certificate and Ext.P2 statement of marks have been given to him. In the said documents, the date of birth of the petitioner is shown as 30.5.1991, whereas the correct date of birth of the petitioner is stated to be 14.4.1990. The 2nd respondent has forwarded the request of the petitioner's father for correction of the date of birth of the petitioner to the 1st respondent, as per Ext.P6. The petitioner is aggrieved by non-consideration of the request for correction of the date of birth. 2. A counter affidavit has been filed on behalf of the 1st respondent who would submit that in view of Bye-law 69.2. regarding change/correction of date of birth, which prescribes an upper limit of two years from the date of declaration of the results of the Class X examination for correction of date of birth, w.p.c.20528/08 2 no correction can be now carried out in the petitioner's certificates. The 1st respondent would further submit that if at all any correction has to be made, that can be done only after the school records are appropriately corrected, in so far as the date of birth has been entered in Exts.P1 and P2 only in accordance with the date of birth obtaining in the school records by the 2nd respondent. 3. I have considered the rival contentions in detail. 4. In so far as the bye-law is concerned, the same is not statutory in nature. Therefore, I do not think that the prescription in the bye-law is absolute in nature. At the best it is only directory in nature. Therefore, in appropriate cases the respondents can make correction of the date of birth even beyond the period prescribed therein. In fact it has been held so by a learned Single Judge of this Court in W.P(C). No.37467/2004. I am in complete agreement with the said decision. Therefore, I am satisfied that the respondents are liable to correct the date of birth of the petitioner in the school records as well as Exts.P1 and P2, if the petitioner with sufficient documents, proves that his date of birth is 14.4.1990. w.p.c.20528/08 3 Accordingly, this writ petition is disposed of as follows: The petitioner shall file a suitable application for correction of his date of birth in the school records before the 2nd respondent with proof of his actual date of birth within two weeks along with a certified copy of this judgment. On receipt of the same, the 2nd respondent, if the documents produced by the petitioner are authentic, shall correct the date of birth in the school records of the petitioner within a period of two weeks from the date of receipt of the application along with a certified copy of this judgment. If the 2nd respondent decides to correct the date of birth of the petitioner in the school records, he shall forward an intimation regarding such correction of the date of birth to the 1st respondent within one week thereafter. Thereafter, the 1st respondent shall either make correction of the petitioner's date of birth in Exts.P1 and P2 or issue fresh certificates incorporating the correct date of birth. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.20528/08 4