IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 7TH DECEMBER 2011 / 16TH AGRAHAYANA 1933 WP(C).No. 32553 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------- ANJITH A.K., S/O.AJITH KUMAR G., 'ANUPAM' T.C.9/199(3), BNRA-38, STREET 'O', JAWAHAR NAGAR, KAUDIAR P.O., THIRUVANANTHAPURAM-695003. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.JELSON J.EDAMPADAM RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110 505. 2. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI-110 505, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI-110 505. 4. THE PRINCIPAL, CHRIST NAGAR HIGHER SECONDARY SCHOOL, KAWDIAR P.O., THIRUVANANTHAPURAM-695 003. BY ADV.SRI. P.PARAMESWARAN NAIR,ASG SRI. V.V.RAJA,SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32553/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE PASS CERTIFICATE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXHIBIT P2: TRUE COPY OF THE BIRTH CARD ISSUED BY THE RAMAKRISHNA ASHRAMAM CHARITABLE HOSPITAL, THIRUVANANTHAPURAM. EXHIBIT P3: TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER. EXHIBIT P4: TRUE COPY OF THE LETTER NO.N/VII-327/2011 DATED 23-6-2011, ISSUED BY THE ASSISTANT SECRETARY OF THE 2ND RESPONDENT COUNCIL TO THE 4TH RESPONDENT. EXHIBIT P5: TRUE COPY OF THE JUDGMENT DATED 24-2-2011 OF THIS HON'BLE COURT IN WPC.NO. 5041/2011. EXHIBIT P6: TRUE COPY OF THE JUDGMENT DATED 12-4-2011 OF THIS HON'BLE COURT IN WPC .NO.11965/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J ....................................................... W.P.(C).32553/2011 .............................................. Dated this the 7th day of December, 2011 JUDGMENT Petitioner was a student of the school of which the fourth respondent is the Principal. The School is affiliated to respondents 2 and 3. According to th petitioner, in the school records and certificates issued, his date of birth has been wrongly recorded as 30.1.1992 instead of 30.9.1991. He made an application for correction and that the School authorities forwarded the application to the second respondent. The second respondent rejected the request as per Ext.P4. The reason mentioned in Ext.P4 is mainly that the 'one year' period specified in the Regulations has expired and therefore, a Court order is required. It is aggrieved by Ext.P4, the writ petition is filed. 2. Heard the learned counsel for the petitioner and also the learned Standing Counsel appearing for respondents 2 and 3. 3. In several cases of this nature, including Exts.P5 and P6, this Court has held that irrespective of the expiry of the period prescribed in the Regulations of the second respondent, W.P.(C).32553/11 2 application made for correction of date of birth and such other particulars should be considered on merits. 4. Consistent with the above, this writ petition is also disposed of directing that on the production of a copy of this judgment, respondents 2 and 3 shall consider the application made by the petitioner for correction of date of birth and orders thereon, shall be passed as expeditiously as possible, at any rate, within eight weeks of production of a copy of this judgment along with a copy of the writ petition. ANTONY DOMINIC, Judge mrcs /true copy/ P.A. To Judge