IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 WP(C).No. 19281 of 2008(U) -------------------------------------- PETITIONER: ------------------- VINNI VARGHESE, D/O. N.A. VARGHESE, NEISSERY HOUSE, NEAR MULLASSERY BRIDGE, ANGAMALY.P.O, ERENAKULAM – 72. BY ADV. MR. PAULAOCHAN PUTHUPPARA. RESPONDENTS: ------------------------ 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRE 2, COMMUNITY CENTER, REET VIHAR, DELHI – 110 092. 2. THE CONTROLLER OF EXAMINATION, CENTRAL BOAQRD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, DELHI – 110 092. 3. THE PRINCIPAL, VIDYADHIRAJA VIDYABHAVAN, SENIOR SECONDARY SCHOOL, ANGAMALY, KERALA. 4. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PLOT NO. 1630-A, ANNANAGAR WEST, J BLOCK, CHENNAI – 600 040. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI. R4 BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, ADVS.SMT.SMITHA GEORGE, R5 BY MR. PARAMESWARAN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.19281/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE ANGAMALY MUNICIPALITY DTD. 31/10/2001. EXT.P.2: MARK STATEMENT OF THE PETITIONER IN THE ALL INDIA SECONDARY SCHOOL EXAMINATION 2002 MARCH, DT. 28/05/2002. EXT.P.3: APPLICATION SENT THROUGH THE R.3. TO REGIONAL OFFICER CBSE CHENNAI, DT. 16/11/2007. EXT.P.4: REPLY FROM THE CBSE CHENNAI REJECTING THE CORRECTION DATE OF BIRTH AS PER BIRTH CERTIFICATE DT. 14/12/2007. EXT.P.5: THE APPEAL SENT TO THE CHAIRMAN CBSE BOARD, NEW DELHI, DT. 21/01/2008. EXT.P.6: COPY OF THE JUDGMENT DTD. 13/11/2006 IN W.P.(C).29815/2006 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 19281 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 12th June, 2009. J U D G M E N T The petitioner passed the All India Senior Secondary Examination conducted by the Central Board of Secondary Education in March, 2002. Petitioner's date of birth is 3-2-1987. However, on account of a mistake on the part of the parents of the petitioner, the date of birth in the school records was entered as 3-5-1987. The petitioner noticed the mistake only when the petitioner applied for a passport. The petitioner therefore submitted an application for correction of the date of birth in the mark statement. The same was rejected by the CBSC on the ground that correction is not possible since the two year limitation period fixed for such correction is over. It is under the above circumstances, the petitioner has approached this Court seeking the following relief: “Direct the 1st respondent to change the date of birth of the petitioner consistent with the date of birth contained in the mark statement of the petitioner issued by the CBSE Board.” 2. The contention of the respondents is that they have framed regulations for correction of mistakes in the CBSE records and as per the same, correction can be made only for a period of two years from the date of the CBSE examination. This Court had considered such contention in W.P(C) No. 37476/2004 wherein, this Court has held that such a stipulation is only directory and therefore in appropriate cases, the respondents are bound to carry out such corrections. 3. Here is a case where, as per the birth certificate of the petitioner, her date of birth is 3-2-1987. In the school records and the mark statement issued by the CBSC the date of birth is 3-5-1987. Simply because of a mistake committed by the parents, the petitioner cannot be compelled to live the rest of her life with such a W.P.C. No. 19281/08 -: 2 :- discrepancy in two of her records. She will have to necessarily get the discrepancy somehow corrected. In so far as there is a provision for the CBSC to correct the mistake, simply because two years have lapsed since issue of the mark statement, the respondents cannot take a rigid stand that they will not make the correction. Therefore, I am satisfied that respondents 1 to 3 can be directed to make the correction in the school records and the mark statement issued by the CBSC. Accordingly, the writ petition is disposed of with the following directions: The 3rd respondent shall, within two weeks from the date of receipt of a copy of this judgment, consider the original of Ext. P1 birth certificate of the petitioner and make appropriate correction in the school records regarding the date of birth of the petitioner. Thereafter, the 3rd respondent shall intimate the 2nd respondent that the date of birth of the petitioner has been accordingly corrected. On receipt of the information from the 3rd respondent regarding the correction, respondents 1 and 2 shall make correction in the mark statement, for which purpose the petitioner shall submit the mark statement before the 2nd respondent. The same shall be done within one week from the date of production of the mark statement by the petitioner before the 2nd respondent or one week after receipt of the intimation from the 3rd respondent whichever is later. Sd/- S. Siri Jagan, Judge. Tds/