IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 14890 of 2011(I) -------------------------------------- PETITIONER(S): ------------------------ AJILA A.S, D/O.SREELATHA KUMARI A.V.R.A./B/37, T.C.8/1432(11), THIRUMALA, THIRUVANANTHAPURAM -6. BY ADV. SRI.R.T.PRADEEP, SRI.V.VIJULAL. RESPONDENT(S): -------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS ASSISTANT SECRETARY REGIONAL OFFICE, 1630 A J.BLOCK, ANNANAGAR WEST, CHENNAI- 600 4001. 2. THE PRINCIPAL, SARASWATHI VIDYALAYA, ARAPPURA JUNCTION, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 123. R1 BY ADV. MR.DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14890 of 2011(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BIRTH CERTIFICATE DATED 01/02/2010. EXT.P2: COPY OF THE TRANSFER CERTIFICATE DATED 31/05/2006 OF PETITIONER FROM ST.CHRYSOSTOM'S G.H.S. NELLIMOOD. EXT.P3: COPY OF THE RELEVANT PAGES OF DISCHARGE CERTIFICATE DATED 30/04/1997. EXT.P4: COPY OF THE CERTIFICATE OF SECONDARY EDUCATION DATED 26/05/2009 OF PETITIONER. EXT.P5: COPY OF THE MEMO DATED 20/12/2010 BY 1ST RESPONDENT. EXT.P6: COPY OF THE ORDER DATED 16/03/2011 BY 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P. R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14890 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The grievance of the petitioner is that there occurred a mistake with regard to the date of birth shown in the School records and in turn in the records maintained by the first respondent, which however was sought to be corrected by filing necessary application. However, grievance of the petitioner was turned down by issuing Ext. P6, which made the petitioner to approach this Court by filing the present writ petition. 2. The first respondent has filed a statement pointing out that there is absolutely no rhyme or reason for the petitioner to approach this Court, as the first respondent has not in fact rejected the application but for offering that, to get school records corrected by the first respondent, the school records have to be corrected as the first step. Despite complying with the above direction, the petitioner chose to approach this Court as a short cut, to have his grievance redressed, which is not liable to be entertained, submits the learned standing counsel. W.P. (C) No. 14890 of 2011 : 2 : 3. The learned standing counsel for the C.B.S.E. further 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 her school records corrected showing the actual date of birth based on the relevant records. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities / 2nd respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner. 4. In the above circumstances, the petitioner is left to approach the 2nd respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the first 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 1st respondent in accordance 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' as referred to in the 'Bye law' will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall W.P. (C) No. 14890 of 2011 : 3 : be passed by the 1st respondent, as expeditiously as possible, at any rate, within 'two months' 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 kmd /True copy/ P.A. to Judge