IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 14952 of 2011(T) -------------------------------------- PETITIONER(S): ----------------------- VIGHNESH HARI, AGED 22 YEARS, S/O.G. HARIDAS, FROM MARATHADIAZHIKOM HOUSE, MAYYANAD P.O., KOLLAM AND NOW RESIDING AT ANANTHA DARSAN, T.D. ROAD, CUTCHERRY P.O., KOLLAM DISTRICT. BY ADV. SRI.ARUN CHANDRAN, SRI.MANSOOR.B.H. RESPONDENT(S): --------------------------- 1. COUNCIL FOR THE INDIAN SCHOOL CERTIFICATE EXAMINATION, NEHRU PALACE, NEW DELHI-110 505, REPRESENTED BY ITS ASSISTANT SECRETARY. 2. THE PRINCIPAL, TRINITY LYCEUM, FATHIMA ROAD, KOLLAM DISTRICT- 691 001. R1 BY ADV. MR.V.V. RAJA, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14952 of 2011(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOLLAM CORPORATION. EXT.P2: COPY OF THE CISCE CERTIFICATE. EXT.P3: COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT. EXT.P4: COPY OF THE RELEVANT PAGE OF THE CISCE REGULATIONS. EXT.P5: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 33965/2010 DATED 26/11/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 14952 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 14th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i. issue a writ of certiorari or any other writ or order to call for the records leading to Ext. P3 and to quash the same; ii. issue a writ of mandamus or any other writ order or direction to the 1st respondent to make corrections of the date of birth of the petitioner in the ICSE Records and Certificates, in accordance with Ext. P1 birth certificate; iii. declare that the petitioner is entitled to get his date of birth corrected as 11.1.1989 in the records on the basis of Ext. P1 iv. issue any other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case. 2. The learned standing counsel for the first respondent submits that, by virtue of the mandate under the "Regulations and Scheme" of the I.C.S.E, the petitioner has to approach the school authorities / second respondent and get his school records corrected first, showing the actual date of birth. Thereafter, the application has to be got forwarded, along with the corrected date of birth as certified by the school authorities, for further steps to the first respondent. W.P. (C) No. 14952 of 2011 : 2 : 3. In the above circumstances, the petitioner is left to approach the school authorities and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the first respondent, as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the said respondent in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008, holding that, the period of limitation, shall not stand in the way, in genuine cases. Final orders as above, shall be passed by the concerned respondent as expeditiously as possible, at any rate, within 'six weeks' from the date of receipt of a copy of the proceedings as aforesaid. The writ petition is disposed of as above. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge