IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 36033 of 2010(D) ---------------------------------------- PETITIONER(S): ------------------------ DEEPAK NARAYANAN.P, S/O.NARAYANAN.P.K, PUTHIYADATH HOUSE, CHENTRAPPINNI P.O., THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3, (OLD PLOT NO.1630A) (J BLOCK), ANNA NAGAR WEST, CHENNAI-40, REP. BY THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3, ANNA NAGAR WEST, CHENNAI. 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, NEW PLOT NO.3, (OLD PLOT NO.1630A) (J BLOCK), ANNA NAGAR WEST, CHENNAI-40. 3. THE PRINCIPAL, S.N.VIDYABHAVAN SS SCHOOL, CHENTRAPINI, THRISSUR DISTRICT-680 687. BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010 ALONG WITH WPC.NO.36034 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ----------------------------------------- W.P(C) Nos.36033/2010 and 36034/2010 --------------------------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT Petitioners are the students of the school of which the 3rd respondent is the Principal. So far as the petitioner in W.P.(C) No.36033/2010 is concerned, it is stated that his Date of Birth is 22.7.1986. However, in the school records the same was recorded as 22.5.1986. 2. In so far as the petitioner in W.P.(C) No.36034/2010 is concerned, according to him, though his Date of Birth is 12.10.1988 it was wrongly recorded as 5.1.1989. It is submitted that though by Ext.P3 representations, they requested the 2nd respondent to correct their Date of Births, there has been no response to their applications. It is with this complaint, these writ petitions are filed. 3. According to the petitioners, the 2nd respondent is refusing to consider their applications on the ground that the applications made by them are belated. It is contended that W.P(C) Nos.36033/2010 and 36034/2010 2 in view of Ext.P4 judgment rendered by this court in Writ Appeal No.1948/2008, requests for correction of their Date of Birth are liable to be considered on merits. It is in these circumstances these writ petitions have been filed. 4. True, there is merit in the contention raised by the counsel for the petitioners, that in view of the Ext.P4 judgment referred to above, the applications cannot be rejected on the ground of delay. However, there is substance in the objection raised by the Standing Counsel for respondents 1 and 2, that the petitioners ought to have made their applications to the school itself and that it is for the school to have made correction in their records and then forwarded the applications to the 2nd respondent for appropriate action as sought for. In these cases, admittedly, the applications were made directly to the 2nd respondent. 5. Taking note of the aforesaid objection raised by the counsel for the respondents 1 and 2, I direct that it will be open to the petitioners to submit fresh applications to the 3rd W.P(C) Nos.36033/2010 and 36034/2010 3 respondent, who shall deal with the same in the light of the documents to be produced by the petitioners. On the applications so made, if it is decided to correct the school records, it is directed that the 3rd respondent shall thereafter forward the applications to the 2nd respondent, who on receipt thereof, shall consider the same and pass orders thereon. Such orders shall be passed at any rate within six weeks of receipt of the applications from the 3rd respondent and petitioners to produce a copy of the this judgment along with a copy of these writ petitions before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE dmb