IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32126 of 2011(M) -------------------------- PETITIONER(S): --------------- SHYNU.S., D/O.SHAMSUDEEN.M., AGED 19 YEARS, KALARUVATHUKKAL VEEDU, THEKKUMKARA, PULLICHIRA P.O., MAYYANAD, KOLLAM-691 304. BY ADV. SRI.ARUN CHANDRAN RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 2. THE JOINT SECRETARY (REGIONAL OFFICER) THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE,R PLOT NO.1630-A, ANNA NAGAR WEST, J-BLOCK, CHENNAI-600 040. 3. THE PRINCIPAL, SREE NARAYANA PUBLIC SCHOOL, VADAKKEVILA P.O., KOLLAM-691 010. SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011,ALONG WITH WPC NO.32131/11 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32126/11 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: PHOTOCOPY OF THE BIRTH CERRTIFICATE OF THE PETETIONER ISSUED BY REGISTRAR OF BIRTHS & DEATHS OF KOLLAM MUNICIPALIY UNDER SECTION 17 OF THE REGISTRATION OF BIRTHS & DEATHS ACT. EXHIBIT P2: PHOTOCOPY OF THE MARK LIST OF THE PETETIONER. EXHIBIT P3: PHOTOCOPY OF THE PASS CERRTIFICATE DATED 27/5/2008 OF THE PETETIONER. EXHIBIT P4: PHOTOCOPY OF THE COMMUNICATION NUMBERED CBSE/CORR/2010/11 DT.2/11/2011 BY THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 32126 & 32131 OF 2011 ========================== Dated this the 9th day of December, 2011 J U D G M E N T Petitioners in these writ petitions were the students of the school of which the 3rd respondent is the Principal. The school is affiliated to the 1st respondent. In these writ petitions, their grievance is regarding the refusal of the authorities to correct the erroneous date of birth in the school records and the certificates issued. 2. According to the petitioner in WP(C) No.32126/11, her date of birth is 3/1/1993 and that it has been wrongly entered in the school records and certificates as 25/3/93. Similarly, the petitioner in WP(C) No.32131/11 states that though his date of birth is 30/7/91, it has been erroneously entered as 30/5/1992. They made applications to the Principal of the School for correction and the Principal by his communications dated 2/11/11 which are produced as Ext.P4 in these writ petitions rejected the applications relying on Rule 69.2(iii) of the CBSE Examination Bye- laws. In other words, the rejections are on the ground that the applications are belated. It is in these circumstances, the writ WPC Nos. 32126 & 32131 OF 2011 :2 : petitions have been filed. 3. I heard the standing counsel appearing for respondents 1 and 2 and in the nature of the orders that I propose to pass, I do not think it necessary to put the 3rd respondent on notice. 4. CBSE has amended its Regulations in April, 2011 entitling the students to seek correction of mistake within five years from completion of the schooling. These petitioners have completed their schooling in 2007 and 2008 respectively. Therefore, these applications made by them could not have been rejected on the ground of delay. For that reason, the petitioners are entitled to have their applications considered by the Principal of the School. 5. Since it is pointed out by the learned standing counsel for the CBSE that on receipt of the application, it is for the Principal to initially consider the same and to make correction in the school records, if he is satisfied of the genuineness of the same, I direct that, the 3rd respondent will take up the applications made, consider the same and will pass appropriate orders thereon. Once that process is complete, the 3rd respondent will forward the applications made by the petitioners to the 2nd WPC Nos. 32126 & 32131 OF 2011 :3 : respondent. This process should be completed at any rate within four weeks of production of a copy of this judgment along with a copy of the writ petitions. 6. If the papers are received from the 3rd respondent, 2nd respondent will conduct necessary enquiry and pass final orders in the matter at any rate within 8 weeks thereafter. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp