IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 WP(C).No. 34201 of 2008(V) -------------------------------------- PETITIONER(S): ---------------------- ARUN.T.AJAY, AGED 19 YEARS, SON OF SHRI.K.AJAYAKUMAR, RESIDING AT THALAPARAMPATH HOUSE, DAVIYAR COLONY, VALARA P.O., IDUKKI DISTRICT-685 561, KERALA STATE. BY ADV. SMT.JISHAMOL CLEETUS RESPONDENT(S): ------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2,COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 3. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, KULAMAVU, IDUKKI DISTRICT. 4. THE JOINT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PLOT NO.1630-A, ANNA NAGAR WEST, J.BLOCK, CHENNAI-600 040. 5. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI. R5 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R1, R2 & R4 BY SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 34201 of 2008 --------------------------------- Dated this the 20th day of November, 2008 JUDGMENT The petitioner, a student of Jawahar Navodaya Vidyalaya, had appeared for the All India Secondary School Examination conducted by the Central Board of Secondary Examination. He thereafter joined the Diploma course in Muttom Polytechnic College. His date of birth as found from the birth certificate issued by the Adimaly Grama Panchayat is 18.9.1989 as evidenced by Ext.P1. But there is a mistake in the date of birth as noted in the CBSE record. This the petitioner came to realise on receipt of a certificate from the CBSE as evidenced by Ext.P2. The petitioner then approached the CBSE for correction of the date of birth in the CBSE records. This has been rejected on the premise that there is a limitation of two years for entertaining the application for correction of date of birth computed from the publication of the result. 2. The reason why the date of birth was wrongly entered is not clearly discernible from the records. Be that as it may, the WPC.34201 /2008 2 date of birth as certified by the Register of Births and Deaths has statutory backing. This ought to be followed by other authorities also. No doubt there can be a time limit for entertaining an application for correction of date of birth. But I do not think that delay as such will entail in either any undue advantage being derived by the petitioner or detriment being caused to any other person in so far as this is concerned . 3. In the result, the writ petition is disposed of directing the first respondent to correct the date of birth of the petitioner as entered in CBSE record to bring it in conformity with the date of birth in Ext.P1 certificate issued by the Adimaly Grama Panchayat. This shall be done, within a period of two months from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. pmn/ WPC.34201 /2008 3