IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 20386 of 2011(W) ---------------------------------- PETITIONER(S): -------------------- HILMI ABDUL AZIZ, AGED 19 YEARS, DAUGHTER OF S.A. ABDUL AZIZ, RESIDING AT P.V.HOUSE POREDOM.P.O., KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADVS. SRI. K.SIJU SRI.PRATHEESH.P SMT.BINDU GEORGE RESPONDENT(S): -------------------- 1. THE PRINCIPAL, INTERNATIONAL INDIAN SCHOOL-ALJUBAIL, P.O.BOX-1188,AL-JUBAIL, KINGDOM OF SAUDI ARABIA. 2. REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, P-S 1-2, INSTITUTIONAL AREA PATPARGANJ.I.P EXTENSION, DELHI-110092. 3. THE CONTROLLER OF EXAMINATIONS, CBSE, NEW DELHI-110001. R2 & R3 BY ADV. SRI. DEVAN RAMACHANDRAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 20386/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, THIRUVANANTHAPURAM CORPORATION DATED 29/04/1994. P2: COPY OF THE ALL INDIA SECONDARY SCHOOL EXAMINATION 2008 CERTIFICATE ISSUED TO THEPETITIONERE DATED 29/05/2008. P3: COPY OF REQUEST FOR CORRECTION OF DATE OF BIRTH SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT DATED 11/01/2011. P4: COPY OF ORDER PASSED BY THE SECOND RESPONDENT DATED 09/03/2011 REFUSING THE REQUEST FOR CORRECTION. P5: COPY OF TRANSFER CERTIFICATE ISSUED TO THE PETITIONER FROM THE FIRST RESPONDENT SCHOOL DATED 22/05/2010. P6: COPY OF CERTIFICATE ISSUED TO THE PETITIONER FROM THE FIRST RESPONDENT SCHOOL DATED 29/05/2010. P7 COPY OF THE LETTER DATED 09/02/2011 ISSUED BY THE FIRST RESPONDENT TO THE T.K.M. COLLEGE OF ENGINEERING. P8: COPY OF JUDGMENT IN W.A. NO.1949/2008 DATED 05/08/2009 OF HONOURABLE HIGH COURT OF KERALA. P9: COPY OF JUDGMENT IN WPC.NO.24611/2009 DATED 27/01/2010. P10: COPY OF REPRESENTATION DATED 23/05/2011 SENT TO THE RESPONDENTS 2 & 3. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.20386 of 2011 ---------------------------------------- Dated this the 26th day of July, 2011. J U D G M E N T The petitioner was a student of the school of which the 1st respondent is the Principal. 2. In the school records and the certificates issued by the 2nd and 3rd respondents, to which the school is affiliated, the date of birth of the petitioner has been recorded as 31.12.1992 instead of 31.12.1991. 3. She made an application for correction of her date of birth and the school forwarded the application to the 2nd respondent. The 2nd respondent rejected the application by Ext.P4 communication, stating that the application was belated and therefore the request was time barred. It is aggrieved by Ext.P4 the writ petition is filed. 4. Contention of the learned counsel for the petitioner is that the reason stated in Ext.P4 is against the judgments of this Court, copies of which are Exts.P8 ad P9. 5. I heard the learned counsel for the petitioner and the standing counsel appearing for respondents 2 and 3. W.P(C) No.20386 of 2011 2 6. The only reason stated in Ext.P4 for rejecting the request of the petitioner is that the application was belated and therefore the request was time bared. This reason stated in Ext.P4 is absolutely unsustainable in view of Exts.P8 and P9 judgments. On that ground Ext.P4 deserves to be set aside and that I do so. 7. The writ petition is therefore disposed of with the following directions: i) The 2nd respondent is directed to reconsider the request of the petitioner for correction of her date of birth in the light of Exts.P8 ad P9 judgments referred to above as expeditiously as possible. ii) It is directed that in case the documents submitted by the 1st respondent were already returned to him, the 1st respondent shall on production of a copy of this judgment resubmit the records to the 2nd respondent, who thereupon shall consider the matter afresh as directed. ANTONY DOMINIC ab JUDGE W.P(C) No.20386 of 2011 3