IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 5724 of 2010(M) -------------------------------------- PETITIONER(S): ----------------------- MINU GEORGE, 18 YEARS, D/O.GEORGE K.M., KAKKANATTU HOUSE, INCHATHOTY P.O. BY ADV. MR.T.R.SUGUNAN RESPONDENT(S): -------------------------- 1. THE SECRETARY, BIRTH AND DEATHS, KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM. 2. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, NARIYAMANGALAM, ERNAKULAM DISTRICT 3. THE PRINCIPAL, NIRMALA PUBLIC SCHOOL, MUVATTUPUZHA – 686 661. 4. THE REGIONAL OFFICER, REGIONAL OFFICE, CENTRAL BOARD OF SECONDARY EDUCATION, NEW PLOT NO.3 (OLD PLOT NO.1630A) J.BLOCK-ANNA NAGAR WEST, CHENNAI. R4 BY ADV. MR.DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5724 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2010. JUDGMENT The petitioner is seeking for a direction commanding respondents 2 to 4 to correct her date of birth from 10.9.1992 to 12.10.1992 in all relevant records. 2. The actual date of birth of the petitioner is 12.10.1992 which is evident from the birth certificate issued from Kothamangalam Municipality, a copy of which has been produced as Ext.P1. But in the records of Nirmala Public School, Muvattupuzha and JNV Neriyamangalam, the date of birth has been noted as 10.9.1992. Ext.P2 is the true copy of the abstract of Admission Register of JNV, Neriyamangalam and Ext.P3 is the copy of Transfer Certificate issued from the said school. Ext.P4 is the true copy of the statement of marks obtained by the petitioner in the final year examination 2008 conducted by the Central Board of Secondary Education and Ext.P5 is the true copy of the extract of Admission Register of Nirmala Public School. By Ext.P6, the application of the petitioner for correction of date of birth in the school records, was rejected relying upon Rule 69.2(iv) of the Examination Bye-laws. Ext.P6 is under challenge in this writ wpc5724 /2010 2 petition. 3. Heard learned counsel for the petitioner and learned Standing Counsel for the CBSE. 4. This Court has already considered similar matters in various writ petitions. The view taken in Ext.P4 cannot be supported in the light of the various judgments of this Court including W.A. No.1948/2008 and connected cases. In W.A. No.1948/2008 and connected cases, a Division Bench of this Court considered the matter elaborately. In the said case, this Court had passed an interim order on 1.4.2009, para 4 of which reads as follows: “After having heard the learned counsel appearing on both sides, we are of the view that in the interest of justice the matter should be considered afresh by the CBSE itself. Therefore, without proceeding further as regards the question of law involved in these cases as to whether the Examination Bye-laws of the CBSE is directory or mandatory in nature, we feel that in the interest of the poor students who are placed in the unfortunate situations referred to above, the CBSE should consider their cases sympathetically, as has been done in the case of students referred to in the judgment of the Supreme Court referred to above. After all, the correction is not for any undue or unmerited advantage like extension in service; but only for reconciling the date of birth as appearing in the Register of Registrar wpc5724 /2010 3 of Births and Deaths. In the above circumstances, we direct the CBSE to consider the case of the students referred to in these cases sympathetically, leaving open the question of law, and consider whether in the peculiar facts and circumstances of the situations referred to in each case, correction i the date of birth can be permitted. We make it clear that these directions are issued only in view of the peculiar facts and circumstances of these cases, and not as a general conditions.” In the judgment, the Division Bench referred to an affidavit filed by the CBSE on 4.8.2009 in the said case, wherein it was stated that pursuant to the direction issued by this Court the appellant therein had constituted a committee and the committee has decided to take appropriate action for correction of the date of birth. Relevant communication addressed by the CBSE to the Regional Office, Chennai was extracted in the said judgment wherein condition No.1 is the recommendation to correct the date of birth of the candidates who had applied to CBSE after two years as stipulated in the CBSE bye-laws and condition No.2 is to change the date of birth of the candidates who had the birth certificate which is issued by the statutory body so that they may not face any difficulty on account of inconsistent date of birth in different documents. It is clear from the said communication that the recommendation of the committee has been approved by the competent wpc5724 /2010 4 authority of the CBSE. Accordingly, the Division Bench directed the CBSE to take action for the correction of date of birth in the school records, within two weeks from the date of production of a copy of the judgment. Any outer time limit provided in the byelaws for entertaining an application cannot be taken as a bar for exercise of power and the period provided can only be termed as a period for the convenience of the administrative authorities alone. 5. In the light of the directions issued the Division Bench in the above judgment, the petitioner is entitled to succeed in this writ petition. Therefore, Ext.P6 is quashed. There will be a direction to respondents 2 and 4 to verify the particulars in terms of the birth certificate in original issued by the first respondent and to effect correction in the school records relating to the petitioner. Respondents 2 to 4 shall issue a corrected copy of Ext.P4 to the petitioner within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav