IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 WP(C).No. 20589 of 2011(W) -------------------------- PETITIONER(S): ---------------------- ROHITH.G. KRISHNAN, S/O. GEETHA KRISHNAN VAUIKUNDOM HOUSE, KARUNAGAPPALLY.P.O., KOLLAM DISTRICT-690518. BY ADV. SRI.SHIRAZ ABDULLA SRI.JOJO PAPPACHAN RESPONDENT(S): ------------------------ COUNCIL FOR THE INDIAN SCHOOL, CERTIFICATE EXAMINATIONS,PRAGATI HOUSE, 3RD FLOOR, 47-48, NEHRU PALACE, NEW DELHI-110505. SRI.V.V.RAJA, SC, ICSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20589/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE COMMUNICATION ISSUED BY THE RESPONDENT. EXT.P2: COPY OF THE PASS CERTIFICATE. EXT.P2(a): COPY OF THE STATEMENT OF MARKS. EXT.P3: COPY OF THE BIRTH CERTIFICATE. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 20589 OF 2011 ===================== Dated this the 5th day of August, 2011 J U D G M E N T Petitioner was a student of Bishop Moore Vidhyapith, Kayamkulam, a school affiliated to the respondent. In the school records and the certificate issued by the respondent, his date of birth has been shown as 10/3/1991 and according to the petitioner, his correct date of birth is 10/3/1990. It is stated that on noticing the said mistake, he made an application to the school for correction of the date of birth and the school forwarded his application to the respondent. The said application has been rejected by Ext.P1 order passed by the respondent mainly on the ground that an application for correction of date of birth, which is not supported by an order of the court of law, will be entertained only if such an application is made within one year of passing the ICSE examination. It is challenging Ext.P1 order of the respondent, the writ petition is filed. 2. In the writ petition, as Ext.P2 petitioner has produced the certificate issued by the respondent and Ext.P3 is the birth WPC No. 20589/11 :2 : certificate obtained from the Registrar of Births and Deaths, which supports the case of the petitioner regarding his date of birth. 3. I heard the standing counsel appearing for the respondent. 4. In several cases including the judgment in WA No.1948/2008, this Court has consistently taken the view that even inspite of the fact that regulations of the respondent has fixed a time limit of one year for entertaining an application for correction of date of birth, even an application made belatedly is liable to be entertained and considered on merits. 5. In that view of the matter, the rejection of the petitioner's application on the ground that the same is belated cannot be upheld. Therefore, Ext.P1 order passed by the respondent deserves to be set aside and I do so. 6. The respondent is directed to reconsider the application made by the petitioner for correction of his date of birth in the light of the documents produced by him and orders thereon shall be passed and communicated to the school. 7. This shall be done as expeditiously as possible at any WPC No. 20589/11 :3 : rate within 8 weeks of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp