IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 3860 of 2007(H) -------------------------------------- PETITIONER(S): ------------------------ MISS. JIPSA ELIZABETH GEORGE, D/O. GEORGE ANTONY, AGED 18 YEARS, MURICKAL VEEDU, ATHIRAMPUZHA, KOTTAYAM. BY ADV. MR.P.KURUVILLA JACOB RESPONDENT(S): ------------------------- 1. THE SECRETARY, DEPARTMENT OF HIGHER SECONDARY EDUCATION, GOVERNMENT OF INDIA, NEW DELHI. 2. THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, OLD PLOT NO.16304, J.BLOCK, ANNA NAGAR, CHENNAI-600 040. 3. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, VADAVATHOOR P.O., KOTTAYAM-10. 4. THE PRINCIPAL, ST.JOSEPH'S CENTRAL SCHOOL AND JUNIOR COLLEGE, MUNDAKKAYAM. R2 BY ADV. MR.T.RAMAPRASAD UNNI, SC, CBSE R4 BY ADVS. MR.TITUS MANI, MR .S.SURAJ (PALATHANATHU). THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.3860/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE LETTER OF THE 3RD RESPONDENT TO THE 2ND RESPONDENT DTD. 16.4.2005. P2:- COPY OF THE REPLY OF THE 2ND RESPONDENT DTD. 29.7.2005. P3:- COPY OF THE EXTRACT OF ADMISSION REGISTER OF THE PETITIONER. P4:- COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER. P5:- COPY OF THE C.B.S.E. CERTIFICATE OF THE PETITIONER. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J ........................................... WP(C).NO. 3860 OF 2007 ............................................ DATED THIS THE 14TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner appeared for and passed the All India Secondary School Examination, 2003 conducted by the Central Board of Secondary Education(CBSE), after undergoing a regular course of study in Jawahar Navodaya Vidyalaya, Vadavathoor, Kottayam. In the school records and the mark statement/pass certificate issued to the petitioner, her date of birth has been entered as 10.5.1988. According to the petitioner, her correct date of birth is 19.9.1987 as can be seen from Ext.P4 birth certificate issued by the Executive Officer of Chirakkadavu Panchayat. The petitioner submits that though she applied for correction of the date of birth in the pass certificate/mark statement and in the school records, that request was declined by Ext.P2 memo dated 29.7.2005 on the ground that the request cannot be entertained in view of the rules. This writ petition was thereupon filed challenging Ext.P2 and seeking a direction to the respondents to correct the petitioner's date of birth in the school Wpc 3860/2007 2 records and the mark statement/pass certificate. 2. Sri T.Ramaprasad Unni, the learned standing counsel appearing for the Central Board of Secondary Education submits that the CBSE has decided to correct the date of birth in the mark statement/pass certificate if the date of birth of the candidate has been registered with the competent registering authority. He submits that if the petitioner returns the original of the mark statement and the pass certificate issued to her along with a certified extract from the register of births issued by the Chirakkakadavu Grama Panchayat and a certified copy of this judgment, the CBSE will take steps to issue a fresh mark statement/pass certificate to her, entering the correct date of birth. 3. In the light of the said submission, I dispose of this writ petition with a direction to respondents 1 and 2 to issue a fresh pass certificate and mark statement to the petitioner, containing the date of birth as in Ext.P4, in the event of the petitioner returning the original of Ext.P1 mark statement and Ext.P5 pass certificate to the Regional Officer of CBSE at Chennai. The Wpc 3860/2007 3 revised pass certificate/mark statement shall be issued within two weeks from such date. P.N.RAVINDRAN, JUDGE lgk