IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 37134 of 2010(N) --------------------------------------- PETITIONER: ------------------- V.RAMAKRISHNA KAMATH, S/O.R.VIJAYAKUMAR KAMATH, AGED 20 35/2700,SHIVALAYAM ROAD,KARNAKODAM, THAMMANAM P.O.,ERNAKULAM-682 032,KERALA. BY ADV. SMT.R.RANJINI. RESPONDENTS: ------------------------ 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REP.BY ITS SECRETARY,SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREETHIVIHEN, NEW DELHI. 2. ASSISTANT SECRETARY, THE CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO-3,J.BLOCK, ANNA NAGAR (WEST)CHENNAI-40 3. THE PRINCIPAL, SARASWATHI VIDYA NIKETHAN PUBLIC SCHOOL, ELEMAKKARA,COCHIN-26 R1 & R2 BY SRI. DEVAN RAMACHANDRAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 37134 of 2010 N ``````````````````````````````````````````````````````` Dated this the 14th day of December, 2010 J U D G M E N T Petitioner was a student of the school of which third respondent is the Principal. According to the petitioner, his date of birth has been entered in the school records as 19-05- 1990 instead of 19-06-1990. Relying on Ext.P1 birth certificate issued by the Corporation of Kochi, petitioner made an application for correction of his date of birth to the second respondent and that application has been rejected as per Ext.P5. 2. Two reasons are stated in Ext.P5. One is that there was delay in making the application and the other is that correction can be ordered only in terms of the school records. As far as the delay now pointed out in Ext.P5 order is concerned, that issue is covered by Exts.P7 to P9 judgments of this Court, wherein it has been held that irrespective of the time frame provided in the CBSE Examination Bye-laws, even W.P.(C) No.37134/10 : 2 : a belated application is to be entertained and the request for correction is to be considered on merits. Therefore, the first reason stated in Ext.P5 is unsustainable. 3. The other reason stated in Ext.P5 order is that correction can be made only consistent with the school records. From Ext.P6 certificate, it is seen that in the school records, the date of birth of the petitioner is still 19-05-1990. Therefore, the petitioner should have made application for correction of his date of birth accompanied by the documents in support thereof to the third respondent and it is for the third respondent to consider the request and make correction in the school records. Thereafter, the third respondent will have to forward the application of the petitioner to the second respondent and it is only thereupon that the second respondent could consider the application for correction. 4. In that view of the matter, I direct that it will be open to the petitioner to make a fresh application before the third respondent seeking correction of his date of birth and W.P.(C) No.37134/10 : 3 : thereupon, the third respondent shall consider the request of the petitioner and forward the application with his recommendations to the second respondent. It is directed that on receipt of the application, the second respondent shall pass orders for correction of date of birth in the CBSE certificate. This, the second respondent shall do, if necessary, after making enquiries, at any rate, within eight weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge