IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 9139 of 2010(N) --------------------------------------- PETITIONER(S): -------------------------- AKHIL.S.M.(MINOR), REPRESENTED BY HIS FATHER & NEXT GUARDIAN, SUBHASH.R., S/O.RAGHAVAN PILLAI, AGED 49 YEARS, 'ATULYA', ANAYAR P.O., THIRUVANANTHAPURAM-29. BY ADVS. MR.BINOY VASUDEVAN, SMT.P.G.BABITHA. RESPONDENT(S): --------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, 'SHIKSHA KENDRA', 2, COMMUNITY CENTRE, PREET VIHAR NEW DELHI 110 301, REPRESENTED BY ITS SECRETARY. 2. THE REGIONAL OFFICER, CBSE, PLOT NO.1630-A, J BLOCK, ANNA NAGAR WEST, CHENNAI-40. R1 & R2 BY ADV. MR. DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9139/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of March, 2010 J U D G M E N T The petitioner is aggrieved by Exts.P6 and P9 orders whereby the request for correction of date of birth in the school records, has been rejected by the respondents. The petitioner is studying for Plus Two in N.S.S Public School, Peruthanni in Thiruvananthapuram District. He was born on 30/12/1991 in S.A.T Hospital, Thiruvananthapuram. Ext.P1 is the copy of the birth certificate issued by the Registrar of Births and Deaths, Corporation of Thiruvananthapuram. He was admitted in the school with a date of birth as 30/12/1992 and the said mistake was noticed by the petitioner's father only when the marklist for the Secondary School Examination was published. Ext.P2 is the copy of the said marklist. Ext.P5 is the application submitted by the petitioner through the Principal of the School to correct the date of birth entry in the school records along with required documents. Ext.P6 is the order issued by the second respondent stating that the request for correction of date of birth was rejected as per the provisions contained in Rule No.69.1(i) of the Examination Bye-laws of the Board stating that any W.P.(C).No.9139/2010 2 corrections shall be considered only in accordance with school records. There were further communications and finally by Ext.P9 it was informed that the request for change in date of birth cannot be acceded to for the reason that the change is not permissible in the CBSE certificate as per Rule 69.2(i) of the Examination Bye-laws. Seeking for a direction to the respondents to correct the date of birth of the petitioner as applied for, this writ petition has been filed. 2. Heard learned counsel for the petitioner and learned Standing Counsel for the CBSE. 3. This Court has already considered similar matters in various writ petitions. The view taken in Exts.P6 and P9 cannot be supported in the light of the various judgments of this Court including W.A. No.1948/2008 and connected cases. In W.A. No.1948/2008 and connected cases, a Division Bench of this Court considered the matter elaborately. In the said case, this Court had passed an interim order on 1.4.2009, para 4 of which reads as follows: “After having heard the learned counsel appearing on both sides, we are of the view that in the interest of justice the matter should be considered afresh by the CBSE itself. Therefore, without proceeding further as regards the question of law involved in these cases as to whether the Examination Bye-laws of the CBSE is directory or mandatory in nature, we feel that in the W.P.(C).No.9139/2010 3 interest of the poor students who are placed in the unfortunate situations referred to above, the CBSE should consider their cases sympathetically, as has been done in the case of students referred to in the judgment of the Supreme Court referred to above. After all, the correction is not for any undue or unmerited advantage like extension in service; but only for reconciling the date of birth as appearing in the Register of Registrar of Births and Deaths. In the above circumstances, we direct the CBSE to consider the case of the students referred to in these cases sympathetically, leaving open the question of law, and consider whether in the peculiar facts and circumstances of the situations referred to in each case, correction in the date of birth can be permitted. We make it clear that these directions are issued only in view of the peculiar facts and circumstances of these cases, and not as a general conditions.” In the judgment, the Division Bench referred to an affidavit filed by the CBSE on 4.8.2009 in the said case, wherein it was stated that pursuant to the direction issued by this Court the appellant therein had constituted a committee and the committee has decided to take appropriate action for correction of the date of birth. Relevant communication addressed by the CBSE to the Regional Office, Chennai was extracted in the said judgment wherein condition No.1 is the recommendation to correct the date of birth of the candidates who had applied to W.P.(C).No.9139/2010 4 CBSE after two years as stipulated in the CBSE bye-laws and condition No.2 is to change the date of birth of the candidates who had the birth certificate which is issued by the statutory body so that they may not face any difficulty on account of inconsistent date of birth in different documents. It is clear from the said communication that the recommendation of the committee has been approved by the competent authority of the CBSE. Accordingly, the Division Bench directed the CBSE to take action for the correction of date of birth in the school records, within two weeks from the date of production of a copy of the judgment. Any outer time limit provided in the bye-laws for entertaining an application cannot be taken as a bar for exercise of power and the period provided can only be termed as a period for the convenience of the administrative authorities alone. 4. In the light of the directions issued by the Division Bench in the above judgment, the petitioner is entitled to succeed in this writ petition. Therefore, Exts.P6 and P9 are quashed. There will be a direction to respondents 1 and 2 to verify the particulars in terms of Ext.P1 birth certificate in original and to effect correction in the school records relating to the petitioner. Respondents shall issue a corrected copy of W.P.(C).No.9139/2010 5 Ext.P2 to the petitioner within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms