IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7433 of 2011(D) -------------------------------- PETITIONER(S): ------------------- ARUN J.BABU, SREE VISAKH, CHILAMPIL LANE, GANDHIPURAM, SREEKARYAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR RESPONDENT(S): -------------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI. 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE NEW NO.3 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI-600040. 3. THE PRINCIPAL, LOYOLA SCHOOL (CBSE), THIRUVANANTHAPURAM-695017. 4. THE PRINCIPAL, A.J.CENTRAL SENIOR SECONDARY SCHOOL, SIMI GARDENS, KAZHAKUTTOM, THIRUVANANTHAPURAM - 695 532. R1 BY ADV. SRI.P.PARAMESWARAN NAIR R2 BY ADV. SRI.DEVAN RAMACHANDRAN, ASG. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.7433 of 2011 -------------------------- Dated this the 9th March, 2011 J U D G M E N T Petitioner is stated as aggrieved of the inadvertant mistake which has crept in the relevant school records/certificates showing the date of birth of the petitioner as 20.1.1994 in place of '20.12.1992'. 2. The case of the petitioner is that he was not aware of the fact that his date of birth was wrongly given in the application form and it was only when he received the certificate, he came to know of the same. 3. The learned counsel for the petitioner submits that the petitioner did not realise the gravity of the mistake earlier, which got surfaced only now. In was in the the said circumstances that the petitioner filed necessary application before the school authorities along with a copy of the birth certificate (produced as per Ext.P3), wherein, the date of birth has been correctly given as `20.12.1992'. It is stated that the application forwarded by the school authorities to the 2nd respondent, was not positively dealt with, stating that the request could not be W.P (C) No.7433 of 2011 2 acceded to, as it was beyond the period of 'two years' which made the petitioner to approach this Court seeking for appropriate reliefs. 4. The learned standing counsel for the 2nd respondent submits that, by virtue of the mandate under the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get his school records corrected showing the actual date of birth as '20.12.1992'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the 2nd respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner. 5. In the above circumstances, the petitioner is left to approach the 3rd respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the 2nd respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the 2nd respondent in accordance W.P (C) No.7433 of 2011 3 with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008 holding that the bar of 'two years' will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall be passed by the 2nd respondent as expeditiously as possible, at any rate, within 'eight weeks' from the date of receipt of a copy of the proceedings as aforesaid. The writ petition is disposed of as above. P.R.RAMACHANDRA MENON, JUDGE lgk