IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 22270 of 2011(G) ---------------------------------- PETITIONER(S): ------------------- AKHIL.P.V., AGED 21 YEARS, S/O.VIJAYAKUMAR.P.K., PATTAMBALAM NILKUNNATHIL, PATHANAMTHITTA.P.O., KODUMTHARA, PATHANAMTHITTA. BY ADVS. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENT(S): -------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3, (OLD PLOT NO.1630A)(J BLOCK), ANNA NAGAR WEST, CHENNAI-40, REPRESENTED BY ITS DEPUTY SECRETARY. 2. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, VECHOOCHIRA, PATHANAMTHITTA-689 645. 3. SECRETARY AND REGISTRAR OF BIRTHS & DEATHS, PANDALAM GRAMA PANCHAYATH, PATHANAMTHITTA-689 645. R1 BY ADV. SRI. DEVAN RAMACHANDRAN, SC., CBSE R2 BY ADV. SRI. P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22270/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ABSTRACT OF THE ADMISSION REGISTER. P2: COPY OF THE MARK STATEMENT VIDE NO.028222 ISSUED BY THE CONTROLLER OF EXAMINATIONS, CBSE. P3: COPY OF THE ALL INDIA SECONDARY SCHOOL EXAMINATION CERTIFICATE VIDE NO.SSE/2006 478107 ISSUED BY THE CONTROLLER OF EXAMINATIONS, CBSE. P4: COPY OF THE MIGRATION CERTIFICATE DATED 30/04/2008 VIDE SL. NO.0409988 ISSUED BY THE REGIONAL OFFICER, CBSE, CHENNAI. P5: COPY OF THE TRANSFER CERTIFICATE DATED 07/06/2008 ISSUED BY THE PRINCIPAL JAWAHAR NAVODAYA VIDYALA, VECHOOCHIRA. P6: COPY OF THE APPLICATION FORM FOR ADMISSION DATED 29/05/1996. P7: COPY OF THE EXTRACT OF THE ADMISSION REGISTER FROM THE GLPS, KODUMTHARA. P8: COPY OF THE EXTRACT OF ADMISSION IN CATHOLIC H.S.S. PATHANAMTHITTA SCHOOL IN THE YEAR 2001. P9: COPY OF THE BIRTH CERTIFICATE VIDE NO.14/10. P10: COPY OF THE REPRESENTATION DATED 01/08/2011. P11 COPY OF THE RELEVANT PAGES OF THE BY LAW OF 1ST RESPONDENT P12: COPY OF THE JUDGMENT IN WA NO.1948/2008 DATED 05/08/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ================ W.P.(C) NO. 22270 OF 2011 ===================== Dated this the 17th day of August, 2011 J U D G M E N T Petitioner was a student of the school of which the 2nd respondent is the Principal. The school is affiliated to the 1st respondent. 2. It is stated that in the school records and the certificates issued, his date of birth was shown as 15/5/91 instead of 15/9/1990. According to the petitioner, he attempted to make an application to the Principal, but however the same was refused to be accepted. Therefore, he made an application directly to the 1st respondent, a copy of which is Ext.P10. There was no response to the application and that led him to file this writ petition. 3. Petitioner relies on Ext.P12, a judgment rendered by this court in WA No.1948/2008 and connected cases where it was held that inspite of the lapse of time frame fixed in the byelaws of the 1st respondent, even belated applications are liable to be entertained and considered on merits. However as it is submitted by the counsel for the 1st respondent that the application should WPC No. 22270/11 :2 : be first made to the school and it is for the Principal to correct the school records and then forward the application to the 1st respondent, necessarily the petitioner will have to start the process of correction from the school concerned. 4. In view of the grievance of the petitioner that the school is refusing to accept the application, taking note of the position as above, I direct that the petitioner will submit his application to the 2nd respondent along with a copy of this judgment. If such an application is made, 2nd respondent will accept it. He shall thereupon consider the application and if he finds the request genuine, necessary corrections will be carried out in the school records and then the matter will be forwarded to the 1st respondent, who on receipt thereof, conduct necessary enquiries, consider the application and pass necessary orders. Principal shall complete the process within 4 weeks of receipt of the application and the 1st respondent shall complete the process within 8 weeks of receipt thereof. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp