IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 11342 of 2008(A) --------------------------------------- PETITIONER(S): --------------------- ANCY BABU, AGED 21 YEARS, D/O A.K. BABU, ARACKAL HOUSE, KOLENCHERY P.O., ERNAKULAM DIST. BY ADV. SRI.N.T.NANDAKUMAR (PARAVUR). RESPONDENT(S): -------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REPRESENTED BY ITS REGIONAL OFFICER, CBSE REGIONAL OFFICE, NO.3, J. BLOCK, ANNA NAGAR (WEST), CHENNAI. 2. THE REGISTRAR OF BIRTH AND DEATH (SECRETARY), AIKKARANADU GRAMA PANCHAYATH, KADAYIRIPPU P.O., ERNAKULAM DIST. 3. THE PRINCIPAL, ST. PETERS SENIOR SECONDARY SCHOOL, KADAYARIPPU P.O., KOLENCHERY, ERNAKULAM DIST. R1 BY ADV. SRI.DEVAN RAMACHANDRAN, SC, CBSE SRI.K.M.ANEESH, SRI.S.NIKHIL SANKAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 11342 of 2008(A) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BIRTH CERTIFICATE DATED 28/05/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE MARK STATEMENT OF THE PETITIONER FOR THE YEAR 2003 DATED 24/05/2003 ISSUED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE APPLICATION DATED 17/07/2007 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE 3RD RESPONDENT. EXT.P4: COPY OF THE COMMUNICATION DATED 16/10/2007 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 11342 of 2008 A ``````````````````````````````````````````````````````````` Dated this the 14th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was a student of the school of which the third respondent is the Principal. The school is affiliated to the first respondent. Petitioner completed her 10th standard in 2003. When the certificate was issued, she came to know that her date of birth was recorded as 13.12.1987 instead of 13.12.1986. In 2007, she made an application for correction of the date of birth. That was rejected by Ext.P4 communication of the first respondent dated 16.10.2007, stating that, in view of Rule 69.2(iv) of the CBSE Examination Byelaws, the application was belated. It is challenging Ext.P4, the writ petition has been filed. 2. I heard the counsel for the petitioner and also the Standing Counsel for the first respondent. 3. From the pleadings in the writ petition it is evident W.P.(C) No.11342/2008 : 2 : that the petitioner applied for correction of her date of birth in 2007. At that time, the CBSE Examination Byelaws provided two year time for making application. The application of the petitioner was rejected on the ground that her application was made after the expiry of the said period of two years. Several cases were decided by this Court stating that irrespective of the expiry of the time, the application should be entertained and considered on merits. Therefore, if the position is so appreciated, Ext.P4 cannot be sustained. However, counsel for the first respondent submits that the Rule has been amended in 2011 prescribing a time limit of five years for making application. 4. In my view, since the application made by the petitioner was in 2007 and its rejection was also in 2007, the petitioner is entitled to the benefit of the judgments rendered by this Court holding that irrespective of the expiry of the period the application should be considered on merits. In that view of the matter, I do not find any relevance of the Rule W.P.(C) No.11342/2008 : 3 : which is amended in 2011 relied on by the Standing Counsel. 5. Therefore, I quash Ext.P4 and direct that the application made by the petitioner be considered by the first respondent, irrespective of the fact that the application was made beyond the period of two years as held in the said order. Such orders shall be passed within eight weeks from the date of production of a copy of this judgment and it will be open to the first respondent to conduct appropriate verification as it deems fit. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/14/11 // True Copy // P.A. To Judge