IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23621 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------ SANKAR MOHAN, MANGALYA, NEERAVIL, PERINAD P.O., KOLLAM, (NOW RESIDING AT: ARAPPURAYIL HOUSE, THAZHE VETTIPURAM, PATHANAMTHITTA). BY ADVS. SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX. RESPONDENT(S): --------------------------- 1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630-A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600 040. 2. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, PARYAVARAN BHAVAN, 8TH FLOOR, B BLOCK, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003. 3. THE PRINCIPAL, PLACID VIDYA VIHAR SENIOR SECONDARY SCHOOL, CHETHIPUZHA, KURISHUMMOODU P.O., CHANGANACHERRY, KOTTAYAM-686 104. BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.23621/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MARK LIST DTD. 28/05/2011. P2: COPY OF PETITIONER'S BIRTH CERTIFICATE ISSUED FROM THE KOLLAM CORPORATION ON 22/03/2011. P3: COPY OF THE AFFIDAVIT DTD. 02/07/2011. P4: COPY OF THE APPLICATION BEARING NO.PVV/ADM/08/01-11 DTD. 06/07/2011 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT. P5: COPY OF THE LETTER BEARING NO.RO(M)/CORRN/REJECTION/DOB/2010 DTD. 20/07/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J .......................................... W.P.(C). 23621/2011 .......................................... Dated this the 31st day of August, 2011 JUDGMENT Petitioner was a student of the School of which the third respondent is the Principal. School is affiliated to the CBSE. According to the petitioner his date of birth in the School records is 12.5.1986 instead of 12.8.1985. He made an application to the third respondent for correction of the said mistake. Third respondent forwarded the application to the first respondent and the first respondent rejected the application by Ext.P5. It is challenging Ext.P5, the writ petition is filed. 2. Two reasons are stated for having committed the said mistake; one is that the entries made in the CBSE certificates are based on the entries of the School records. Another reason stated for the mistake is that the application made by the petitioner is belated in terms of clause 69.2 of the Examination Bye-laws of the CBSE. 3. In so far as the delay held against the petitioner is concerned, that issue has been considered by this Court in several judgments W.P.(C).23621/11 2 including Arun v. Central Board of Secondary Education (2010 (1) KLT 960) where it has been held that irrespective of the time frame provided in the Bye-laws, even belated applications are liable to be entertained and considered on merits. Therefore, the delay cannot be a reason for rejection of the petitioner's request. However, as rightly pointed out by the learned Standing Counsel for the respondents, when an application for correction of date of birth in the School records and certificates is made, the Principal has to consider the application at first, and if correction is allowed, then the records are to be forwarded to the first respondent who is to consider the request and pass orders in the matter. From Ext.P5 it appears that on receipt of the application from the petitioner the third respondent merely forwarded the application to the first respondent without correcting the entries in the School records. In such a situation, what is required is that the third respondent should consider the request of the application first and if correction is allowed, forward the records to the first respondent who there upon will consider the request and pass orders in the matter. In that view of the matter setting aside Ext.P5, I dispose of the writ petition with the following directions. W.P.(C).23621/11 3 4. Third respondent shall consider the application made by the petitioner in the light of the documents produced by him in which event, if the decision is to allow the request of the petitioner, after making necessary corrections in the school records, documents will be forwarded to the first respondent who on receipt thereof, shall conduct proper enquiries and pass appropriate orders in the matter. Third respondent shall complete the aforesaid process within four weeks of receipt of a copy of this judgment along with a copy of the writ petition from the petitioner and on receipt of the documents as above, first respondent will complete the process within eight weeks thereafter. ANTONY DOMINIC, Judge mrcs