IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 16986 of 2010(W) --------------------------------- PETITIONER(S): --------------- MUKIL RAJEEV, S/O. RAJEEV, CHEKKALATHUKONAM, PATTATHANAM, KOLLAM FROM AKSHAYA, PALLIMUKKU, KOLLAM. BY ADV. MR.C.RAJENDRAN RESPONDENT(S): ------------------ 1. THE COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PALACE, NEW DELHI - 110 019, REPRESENTED BY ITS SECRETARY. 2. THE CHIEF EXECUTIVE AND SECRETRY INDIAN CERTIFICATE OF SECONDARY EDUCATION EXAMINATION, COUNCIL FOR INDIAN SCHOOL EXAMINATION, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PALACE, NEW DELHI - 110 019. 3. THE PRINCIPAL, INFANT JESUS ANGLO INDIAN, HIGHER SECONDARY SCHOOL, THANGASSERY, QUILON, KERALA. ADVS. MR.V.V.RAJA FOR R 1 &2 MR.R.RANJITH FOR R1&2 MR.RAJA VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.16986 OF 2010 ------------------------------- Dated this the 23rd day of JUNE, 2010 J U D G M E N T The petitioner passed Plus Two course conducted by the first respondent from the third respondent's School. In the certificates issued, the petitioner's date of birth is entered as 14.4.1989. According to the petitioner, as evidenced by Ext.P1, the correct date of birth of the petitioner is 11.4.1988. The petitioner applied for correction of the date of birth in the school records as well as the certificates. Since the same was not considered favourably, the petitioner has filed this writ petition seeking the following relief: a. To issue a Writ of Mandamus or any other appropriate Writ order or direction compelling and commanding the 1st and 2nd respondents to correct the date of birth of the petitioner in Ext.P2 and P3 in accordance with the entry of date of birth in Ext.P1 birth certificate, expeditiously and within a time frame that this Hon'ble Court may consider reasonable” 2. I have heard the learned Standing Counsel appearing for the first respondent also. The question of correction of date W.P.(c)No.16986/10 2 of birth by the CBSE, which is a similar institution like the first respondent herein, was considered by a Division Bench of this Court in a batch of cases namely, W.A.No.1948/2008 and connected cases, wherein in an exactly identical situation, the Division Bench has directed correction of date of birth of identically situated students, who passed the examination conducted by the CBSE. I am satisfied that the ratio of that decision can be applied to this case also. Accordingly, following that judgment, the writ petition is disposed of with the following directions: The petitioner shall produce original documents proving his date of birth before the second respondent. The second respondent shall consider the same and if he is satisfied on the basis of those documents that the petitioner's correct date of birth is 11.4.1988, he shall cause correction of the date of birth of the petitioner in the school records as well as the certificates issued to the petitioner as expeditiously as possible, at any rate, within a period of one month from the date of receipt of the original documents from the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(c)No.16986/10 3 W.P.(c)No.16986/10 4