IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 23780 of 2011(V) -------------------------- PETITIONER(S): --------------- SARUN JALAK GEORGE, S/O.DR.GEORGE T.JOHN, THEKKUMPARAMBIL, NALANCHIRA, THIRUVANANTHAPURAM-15. BY ADV. SRI.R.V.SREEJITH RESPONDENT(S): --------------- 1. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, PRAGATHI HOUSE, 3RD FLOOR, 47/48, NEHRU PLACE, NEW DELHI-110505, REP. BY ITS SECRETARY. 2. THE ASSISTANT SECRETARY, COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, PRAGATHI HOUSE, 3RD FLOOR, 47-48, NEHRU PLACE, NEW DELHI-110505. 3. THE PRINCIPAL, SARVODAYA VIDYALAYA, MAR IVANIOS VIDYA NAGAR, NALANCHIRA, THIRUVANANTHAPURAM-695015. SC SRI.RAJA VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23780 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE ANCHAL GRAMA PANCHAYAT EXT.P2- TRUE COPY OF THE PASS CERTIFICATE ISSUED TO THE PETITIONER EXT.P3- TRUE COPY OF THE APPLICATION DATED 11.7.11 SUBMITTED BY THE FATHER OF THE PETITIONER BEFORE THE 1ST RESPONDENT THROUGH THE 3RD RESPONDENT EXT.P4- TRUE COPY OF THE LETTER DATED 11.7.2011 SUBMITTED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT EXT.P5- TRUE COPY OF THE LETTER NO.N/VII-327/2011/635 DATED 27.7.11 OF THE 2ND RESPONDENT (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).23780/2011 .............................................. Dated this the 1st day of September, 2011 JUDGMENT Petitioner was a student of the School of which the third respondent is the Principal. School is affiliated to the first respondent. In the School records and the certificates issued, his date of birth has been entered as 12.5.1990 instead of 12.6.1989. According to the petitioner, seeking correction of the aforesaid alleged mistake, his father submitted Ext.P3 application to the Principal and that application was forwarded to the first respondent and by Ext.P5, the request has been rejected for the reason that application was submitted belatedly and without supported by a Court order. It is challenging Ext.P5 and seeking orders for correction of his date of birth, the writ petition is filed. 2, Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for ICSE. 3. A reading of Ext.P5 shows that the only reason stated for rejecting the request of the petitioner is that the application, without the support of a Court order, will be entertained only if it is W.P.(C).23780/11 2 made within one year of examination undertaken by the student. In several case of this nature, it has been held by this Court that irrespective of the time frame provided in the Regulations, applications belatedly made also are liable to be entertained and considered on merits. One such judgment is rendered in W.A.1948/2008. In the light of the said judgment, the reason mentined in Ext.P5 is not acceptable. 4. Therefore Ext.P5 is quashed and the writ petition is disposed of directing that, on receipt of a copy of this judgment along with a copy of the writ petition, the second respondent will reconsider Ext.P3 application seeking correction of the petitioner's date of birth and orders thereon will be passed as expeditiously as possible, at any rate, within eight weeks thereafter. ANTONY DOMINIC, Judge mrcs