IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18782 of 2011(W) ----------------------------------------- PETITIONER(S): ------------------------ AMBILY.V.U, VIRIYANADU HOUSE, ERATTUPETTA.P.O, KOTTAYAM DISTRICT. BY ADV. SRI.GEORGEKUTTY MATHEW RESPONDENT(S): -------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA -2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA -2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092. 3. THE ASSISTANT SECRETARY (REGIONAL OFFICER) CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PLOT NO. 1630-A, ANNA NAGAR WEST, O-BLOCK CHENNAI - 600 040. 4. THE PRNICIPAL, AL-MANAR PUBLIC SCHOOL, ERATTUPETTA, ARUVITHARA.P.O, KOTTAYAM - 686 122. R1 TO R3 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18782/2011 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MARKS STATEMENT DTD. 24/05/2003 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DTD. 28/02/2009 ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, CORPORATION OF COCHIN. P3: COPY OF THE APPLICATION DTD. 09/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P4: COPY OF THE FORMAT FOR CORRECTION IN DATE OF BIRTH SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT ALONG WITH EXHIBIT P3. P5: COPY OF THE ORDER DTD. 26/05/2011 ISSUED BY THE 3RD RESPONDENT. P6: COPY OF THE JUDGMENT DTD. 07/04/2010 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.11154/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 18782 OF 2011-W ------------------------------------------------- DATED THIS THE 12th DAY OF JULY, 2011 J U D G M E N T The petitioner submits that she was a student of the school of which 4th respondent is the Principal. According to her, though her date of birth is 01.07.1987, in the school records and the certificates issued, the date of birth has been wrongly entered as 1.5.1988. She made an application for correction. On receipt of the said application, the 4th respondent forwarded the same to respondents 1 to 3. By Ext.P5 order, the 3rd respondent rejected the application pointing out two defects, which are, that the application was belated and that the school records have not been corrected and that it was without correcting the school records, the application was forwarded by the 3rd respondent. Challenging Ext.P5, this writ petition is filed. 2. In so far as the delay held against the petitioner in Ext.P5 is concerned in the judgment in W.A.No.1948/2008 and several other cases, this court has held that, even belated application made beyond the time specified in the C.B.S.E. bye- laws is liable to be entertained and considered on merits. In -2- W.P.(C)18782/2011 the light of the said judgments, the delay pointed out in Ext.P5 is unsustainable. 3. However, there is substance in the objection that on receipt of the application it is first for the school authorities to consider the same. On such consideration, if correction is carried out, the school authorities will have to forward the application and other documents to the 3rd respondent and it is only thereafter,the 3rd respondent is to consider the application and make corrections in their records and the certificates. In this case, since such a process has not been done by the 4th respondent, I dispose of this writ petition with the following directions: 4. It will be open to the petitioner to make a fresh application before the 4th respondent duly supported by records substantiating the claim for correction of the date of birth. Once such an application is received from the petitioner, the 4th respondent will consider the application and if correction is carried out in the school records, the 4th respondent will forward the application -3- W.P.(C)18782/2011 to the 3rd respondent who on receipt of the same, shall pass appropriate orders. 5. The 4th respondent shall carry out the above direction within one month of the receipt of the application and the 3rd respondent shall comply with the directions within eight weeks on receipt of the records from the 4th respondent. 6. The writ petition is disposed of as above. The petitioner shall produce a copy of this judgment with a copy of this writ petition to respondents 3 and 4 for compliance. ANTONY DOMINIC, JUDGE. rka