IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 23986 of 2011(W) -------------------------- PETITIONER(S): --------------- SHELAN SHAJI, (MINOR), REP. BY HIS FATHER C.P.SHAJI, CHALISSERY HOUSE, P.O.VALAPAD, PIN-680567, THRISSUR DISTRICT. BY ADV. SRI.C.R.REKHESH SHARMA SMT.SMITHA GEORGE RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY ITS CHAIRMAN, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110092. 2. THE CONTROLLER OF EXAMINATIONS, THE CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110092. 3. REGIONAL OFFICER, CBSE, OFFICE OF REGIONAL OFFICER OF CBSE, NEW NO.3 (OLD NO.1630 A), "J" BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600040, TAMIL NADU. 4. THE PRINCIPAL, BHARAT VIDYA MANDIR SENIOR SECONDARY SCHOOL, VALAPAD POST, PIN-680567, THRISSUR DISTRICT. 5. UNION OF INDIA, REP. BY THE SECRETARY TO MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SASTHRI BHAWAN, NEW DELHI-110001. ADV. SRI.P.PARAMESWARAN NAIR FOR R5 SRI.DEVAN RAMACHANDRAN, SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.23986/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BIRTH CERTIFICATE. P2 COPY OF THE SECONDARY SCHOOL CERTIFICATE. P3 COPY OF THE SECONDARY SCHOOL MARK SHEET. P4 COPY OF THE LETTER DT 2.5.11. P5 COPY OF THE COMMUNICATION DT 7.6.11. P6 COPY OF THE JUDGMENT IN WPC.34201/08. P7 COPY OF THE RELEVANT PORTION OF THE BYE LAW AMENDMENT. // True Copy // P.A. To Judge ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23986 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 2nd day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was a student of the school of which the fourth respondent is the Principal. The school is affiliated to the first respondent. In the school records and in the certificates issued, his date of birth has been recorded as 05.05.1995 instead of 05.08.1994. He made an application to the fourth respondent for correction of his date of birth. The fourth respondent forwarded the application to the third respondent along with the documents. The third respondent rejected the request by Ext.P5. It is challenging Ext.P5, this writ petition is filed. 2. Reason stated in Ext.P5 is that the date of birth in the certificates is in accordance with the entries in the school records. Standing Counsel appearing for respondents 1 to 3 points out that it was because on receipt of the application, without correcting the school records, the W.P.(C) No.23986/2011 : 2 : documents were forwarded by the fourth respondent that Ext.P5 order was passed by the third respondent. It is stated that, according to the procedure followed, on receipt of the application, the fourth respondent should consider the same and if correction is ordered in the school records, it is only thereafter the documents have to be forwarded to the third respondent for passing appropriate orders at the request of the student for making correction in the certificates. 3. In the light of the submissions now made by the learned Standing Counsel for respondents 1 to 3, what is required is that the fourth respondent should consider the application of the petitioner in the light of the documents produced and on such consideration, if the fourth respondent is satisfied that correction is to be allowed, the fourth respondent shall thereafter forward the request of the petitioner along with the documents produced to the third respondent, who thereupon will pass fresh orders in the matter. The fourth respondent shall complete the exercise W.P.(C) No.23986/2011 : 3 : within four weeks from the date of production of a copy of this judgment along with a copy of the writ petition. The third respondent shall complete the aforesaid process within eight weeks of receipt of application from the fourth respondent. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/02/09 // True Copy // P.A. To Judge