IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR.JUSTICE ANTONY DOMINIC WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 27926 of 2010 (M) -------------------------- PETITIONER: --------------- ASISH K.B., AGED 20 YEARS, S/O. SANTHOSH KUMAR.M.N. KUMARAMANGALAM, ERIAM.P.O M.M.BAZAR, KANNUR, (ROLL NO.4150673/07) BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: --------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3 (OLD NO.1630-A) J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-40, REPRESENTED BY ITS REGIONAL OFFICER. 2. THE PRINCIPAL, KENDRIYA VIDYALAYA, PAYYANNUR, EDAT.P.O., KANNUR DISTRICT, KERALA, PIN-670327. R1 BY SRI.DEVAN RAMACHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 27926 of 2010 M ``````````````````````````````````````````````````````` Dated this the 8th day of September, 2010 J U D G M E N T The petitioner was a student of the second respondent school. According to the petitioner, though his date of birth is 03- 07-1990, it was erroneously recorded in the school registers as 25-05-1991. Seeking correction of this mistake, he submitted an application to the second respondent, which was forwarded to the first respondent. The first respondent rejected the application by Ext.P3 communication issued to the second respondent mainly relying on the provisions of Clause 9 of the Examination bye-laws. It is challenging Ext.P3 the writ petition is filed. 2. As contented by the learned counsel, in Ext.P4 judgment in W.A.No.1948/2008 and in several other cases, this Court has already held that even in spite of the provisions in the Examination bye-laws, an application received for correction of date of birth should be considered on merits. A perusal of Ext.P3 shows that the request of the petitioner was not considered on merits and for that reason, Ext.P3 cannot be sustained. 3. Therefore, Ext.P3 will stand set aside. The first WPC.27926/2010 : 2 : respondent is directed to consider the request of the petitioner for correction of his date of birth in the light of the principles laid down in the aforesaid judgment and pass fresh orders in the matter. This shall be done at any rate within eight weeks from the date of receipt of a copy of this judgment. 4. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks