IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 37036 of 2010(D) --------------------------------------- PETITIONER: ------------------- NITHIN IYPE CHANDAPILLAI, S/O. IYPE CHANDAPPILLAI, KOTTAPURATH HOUSE, KIZHAKKEVEZHI MURI, THRIPPERUMTHARA VILLAGE, MAVELIKKARA TALUK. BY ADV. SRI.JAMSHEED HAFIZ. RESPONDENTS: ------------------------ 1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI - 600 060. 2. THE PRINCIPAL, JAWAHAR NAVODYA VIDYALAYA, CHENNITHALA.P.O, PIN - 690 105, ALAPPUZHA. 3. THE REGISTRAR OF BIRTH AND DEATHS, THIRUVALLA MUNICIPALITY, THIRUVALLA.P.O, PIN - 689 101, PATHANAMTHITTA DISTRICT. R1 BY SRI. DEVAN RAMACHANDRAN, S.C, R3 BY SRI. S. SUBASH CHAND, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 37036 OF 2010 ===================== Dated this the 13th day of December, 2010 J U D G M E N T Petitioner was a student of the school of which the 2nd respondent is the Principal. According to him, his date of birth is 19/1/1989 and that the same has been erroneously recorded in the CBSE certificates as 19/12/1988. Producing Ext.P1, he made an application to the 2nd respondent, which was forwarded to the 1st respondent. Thereupon, the 1st respondent issued Ext.P3 to the 2nd respondent finding fault with him in having forwarded the application without verifying the rules contained in CBSE Examination Byelaws. It is aggrieved by Ext.P3, this writ petition is filed. 2. Pleadings in the writ petition are to the effect that rejection by Ext.P3 is for the reason that the application made by the petitioner is belated. The contention raised by the standing counsel for the 1st respondent is that the school forwarded the application made by the petitioner without enclosing the required documents or the recommendations. In any case, Ext.P3 order passed by the 1st respondent does not contain any reason as WPC No. 37036/10 :2 : contended by the standing counsel. Therefore, for that reason itself, Ext.P3 being one issued without any application of mind deserves to be quashed and I do so. 3. Petitioner is directed to produce a copy of this judgment along with a copy of this writ petition before the 2nd respondent, who thereupon shall require the petitioner to produce any additional document and on its production, forward the documents in terms of the provisions contained in the CBSE Examination Byelaws to the 1st respondent. The 1st respondent, on receipt of the copy of this judgment along with the documents, shall pass orders on the application made by the petitioner. This shall be done at any rate within 6 weeks thereafter. 4. Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 1st and 2nd respondents for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp