IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 3RD JUNE 2010 / 13TH JYAISTHA 1932 WP(C).No. 2395 of 2009(I) ------------------------- PETITIONER(S): --------------- MUHAMMED ADIL ALI, S/O. AL AMEEN, AGED 18 YERAS, ADIL MANZIL, T.C.48/538(4), KALLATTUMUKKU, MANACAUD, THIRUVANANTHAPURAM. BY ADVS. MR.G.P.SHINOD MR.RAM MOHAN.G. MR.MANU V. RESPONDENTS: --------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REP. BY ITS CHAIRMAN, SIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI-110002. 2. CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI-110 002. 3. CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION SIKSHA SADAN 17, ROUSE AVENUE, NEW DELHI-110 002. 4. REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3 (OLD NO.1630-A), J.BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600040. 5. CORDOVA PUBLIC SCHOOL, REP. BY ITS PRINCIPAL, N.H.BYPASS, CORDOVA NAGAR, POONTHURA PO., THIRUVANANTHAPURAM-26. 6. PRINCIPAL, CORDOVA PUBLIC SCHOOL, N.H.BYPASS, CORDOVA NAGAR, POONTHURA PO., THIRUVANANTHAPURAM-26. WP(C).No. 2395 of 2009 7. SARASWATHI VIDYALAYA RESIDENTIAL HIGHER SECONDARY SCHOOL REP. BY ITS PRINCIPAL VATTIYOORKKAVU, THIRUVANANTHAPURAM. 8. PRINCIPAL, SARASWATHI VIDYALAYA RESIDENTIAL HIGHER SECONDARY SCHOOL, VATTIYOORKKAVU, TRIVANDRUM. ADV. MR.G.S.REGHUNATH FOR R5-6 MR.K. RAMAKUMAR, SENIOR ADVOCATE FOR R MR.P.RAMAKRISHNAN FOR R7 MR.T.RAMAPRASAD UNNI FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2395 of 2009 PETITIONER'S EXHIBITS EXT.P1: COPY OF CERTIFICATE OF BIRTH DTD 10.1.1994 ISSUED TO THE PARENTS OF THE PETITIONER. EXT.P2: COPY OF MARKS STATEMENT DTD 28.5.2007 ISSUED BY THE 3RD RESPONDENT ON BEHALF OF R1 TO THE PETITIONER. EXT.P3: COPY OF REPRESENTATION DTD 19.6.2008 SUBMITTED BY THE PETITIONER'S FATHER TO R8. EXT.P4: COPY OF REPRESENTATION DTD 21.6.2008 SUBMITTED BY THE PETITIONER'S FATHER TO R6. EXT.P5: COPY OF LETTER NO.CBSE: RO:M:CORRN:2008:X:DOB:08:242 DTD 20.11.2008 ISSUED BY R4 TO R6. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.2395 OF 2010 ------------------------------- Dated this the 3rd day of JUNE, 2010 J U D G M E N T The petitioner is a student of the Plus Two course in the seventh respondent School affiliated to Central Board of Secondary Education. Long after passing out and obtaining the certificate, the petitioner came to realize that the date of birth mentioned in the certificate is wrong and his actual date of birth is ’16.12.1990' and the date of birth shown in the certificate is ’16.12.1991'. Therefore, the petitioner applied to the first respondent for correction of date of birth in the certificates. The first respondent rejected the application on the ground that as per the bye-laws applicable, after two years such correction cannot be made. The petitioner submits that this is against the decision of the Division Bench of this Court in W.A.No.1948/08. 2. I have heard the learned standing counsel appearing for the CBSE also. The learned standing counsel for the CBSE opposes the prayers. According to him, they are not at fault, W.P.(c)No.2395/09 2 since the petitioner has not approached them within the time stipulated by the Rules. 3. In view of the decision of the Division Bench in W.A.No.1948/08, I am of opinion that the first respondent cannot rely on the time limit fixed, in view of the fact that it has been declared to be only directory. In the above circumstances, the writ petition is disposed of with the following directions: The petitioner shall produce before the first respondent original documents proving his correct date of birth, if not already produced. The first respondent shall consider the same and, if the petitioner is able to satisfactorily prove that his correct date of birth is '16.12.1990', appropriate correction shall be made in the certificates issued, within one month from the date of receipt of the original documents from the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(c)No.2395/09 3 W.P.(c)No.2395/09 4