IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 27397 of 2010(Y) --------------------------------------- PETITIONERS: --------------------- 1. AKHIL S.NAIR, S/O. SUBHENDRAN NAIR., VISHNU BHAVAN, ODAYAM, PUNNAMOODU, VARKALA P.O., THIRUVANANTHAPURAM. 2. RAHUL KRISHNA. R., S/O. RADHAKRISHNAN NAIR, RAHUL NIVAS, PUNNAMOODU, VARKALA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.MOHANLAL. RESPONDENTS: ------------------------ 1. THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI-40. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI-40. R1 & R2 BY ADV. SRI. DEVAN RAMACHANDRAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27397 of 2010 (Y) --------------------------------- Dated, this the 3rd day of September, 2010 J U D G M E N T The petitioners submit that they were students of Mahatma Gandhi Memorial Model School, Ayiroor, Varkala, Thiruvananthapuram District affiliated to the CBSE. According to them, their dates of birth were erroneously entered in the school records and seeking its correction, they submitted applications before the 1st respondent, which are now rejected by Exts.P4 & P4(a) orders, on the ground that the same are belated. It is challenging Exts.P4 & P4(a) orders that this writ petition has been filed. 2. As rightly pointed out by the learned counsel for the petitioners in Exts.P5 & P6 judgments, this Court has held that irrespective of Clause 69 of the Examination Bye-Law, if an application is made, the authorities are bound to consider the request for correction of date of birth on merits. Evidently, such a course of action has not been adopted on the applications made by the petitioners and it is obvious from Exts.P4 & P4(a). Therefore, these orders cannot be sustained. 3. However, as pointed out by the learned standing counsel WP(C) No.27397/2010 -2- appearing for the respondents, if the petitioners need to apply for correction of their dates of birth, the application shall be submitted to the School authorities concerned and it is for the School authorities to forward the application to the CBSE. 4. In that view of the matter, I dispose of this writ petition with the following directions:- Exts.P4 & P4(a) orders rejecting the applications made by the petitioners are set aside. It will be open to the petitioners to submit their applications to the School, where they have studied, along with a copy of this judgment. On receipt of the applications and supporting documents from the petitioners, the School authorities shall forward the applications to the 1st respondent, who on receipt thereof shall consider the applications in the light of Exts.P5 & P6 judgments referred to above, and orders thereon shall be passed as expeditiously as possible, at any rate, within eight weeks of receipt of the applications from the School authorities concerned. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the School authorities for necessary action. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg