IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 20374 of 2011(V) -------------------------- PETITIONER(S): --------------- SAJIN.S., S/O.SALIM, AGED 21 YEARS, MURALI BHAVANAM, GOVINDAMUTTAM P.O., KAYAMKULAM, ALAPPUZHA DISTRICT, PIN-690502. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATHI HOUSE, 3RD FLOOR, NEHRU PLACE, NEW DELHI-110505 REP.BY ITS CHIEF EXECUTIVE AND SECRETARY. 2. THE COMMISSIONER FOR PUBLIC EXAMINATION, COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATIONS, PRAGATHI HOUSE, 3RD FLOOR, NEHRU PLACE, NEW DELHI-110505. 3. THE PRINCIPAL, BISHIP MOORE VIDYAPITH, KRISHNAPURAM P.O., KAYAMKULAM, ALAPPUZHA-690 533. BY V.V.RAJA - SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20374 of 2011(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PASS CERTIFICATE AND MARK LIST NO.TU-6948700 AND TU-391072 OF REGISTER NO.T/6018/035, 2006 MARCH EXT.P2: COPY OF THE PETITIONER'S BIRTH CERTIFICATE EXT.P3: COPY OF THE APPLICATION DTD.6.12.2010 EXT.P4: COPY OF THE LETTER DTD.7.12.2010 EXT.P5: COPY OF THE JUDGMENT DTD.5.8.2009 IN W.A.NO.1949/2008 EXT.P6: COPY OF THE LETTER DTD.17.1.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20374 of 2011 ---------------------------------------- Dated this the 10th day of August, 2011. J U D G M E N T The petitioner was a student of the school, of which the 3rd respondent is the Principal. He passed out from the school in March 2006. 2. According to the petitioner in the certificates issued, his date of birth has been wrongly entered as 27.12.1990 instead of 27.1.1990. He applied for correction of the aforesaid mistake and the school forwarded the application to the 1st respondent. The 1st respondent rejected the application by Ext.P6 communication dtd.17.1.2011. It is aggrieved by the rejection, this writ petition is filed. 3. A reading of Ext.P6 shows that, the objection raised by the 1st respondent is that applications made within one year of passing the ICSE Examination alone will be entertained if it is not supported by a Court order. 4. I have heard the counsel appearing for the 1st W.P(C) No.20374 of 2011 2 respondent also. 5. In several cases of this nature, including in the judgment in W.A.No.1949/2008 and connected cases, this Court has held that irrespective of time frame fixed by the respondent, even belated applications are liable to be entertained and considered on merits. Therefore the reason of delay stated in Ext.P6 is unsustainable. 6. In that view of the matter, I dispose of this writ petition directing that on production of a copy of this judgment, the 1st respondent will reconsider the application made by the petitioner in the light of the materials produced and orders thereon will be passed as expeditiously as possible, at any rate within eight weeks thereafter. ANTONY DOMINIC JUDGE ab