IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 737 of 2011(N) ---------------------------------- PETITIONER(S): ----------------------- S.S.ANOOP KRISHNA,S/O.V.SANKARAN, AGED 19 YEARS, T.C.NO.63/1260,THIRUVATHIRA, PAZHANCHIRA, POOTHURA P.O., THIRUVANANTHAPURAM BY ADVS. SRI.D.SAJEEV SMT.LIGEY ANTONY RESPONDENT(S): ------------------------- 1. THE CORPORATION OF THIRUVANANTHAPURAM REP.BY ITS SECRETARY, CORPORATION BUILDINGS THIRUVANANTHAPURAM- 695 009. 2. THE REGISTRAR OF BIRTHS & DEATHS, CORPORATION OF THIRUVANANTHAPURAM 695 009. 3. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO-3, J-BLOCK,16 THE MAIN ROAD, ANNA NAGAR(WEST)CHENNAI-600 040 4. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO-3, J-BLOCK,16 THE MAIN ROAD, ANNA NAGAR(WEST)CHENNAI-600 040 R1 BY ADV. SRI.P.K.MANO KUMAR R2 BY GOVT. PLEADER SMT.K.R.DEEPA R3 & R4 BY ADV. SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.737 OF 2011 -------------------------------------------- Dated this the 19th day of January, 2011 JUDGMENT The petitioner is aggrieved by the apparent incongruity in the date of birth entered in his birth certificate as also in Ext.P2 certificate issued by the Central Board of Secondary Education. The facts, in succinct, relevant for the purpose of deciding the issue involved in this Writ Petition read thus: 2. The petitioner was born in the midnight on 16.4.1991. Indisputably, he was born after the midnight of 16.4.1991. Admittedly, he was born 18 minutes past 12 'O' clock. Based on the said fact, his date of birth was entered in the register of Registrar of Births and Deaths as 17.4.1991. However, while admitting the petitioner in school, his date of birth was entered thereunder as 16.4.1991. On account of the incongruity in the entry of the date of birth, the petitioner is facing difficulties in obtaining a passport. It is in the said circumstances that this Writ Petition has been filed, inter alia, praying for issuance of a writ of mandamus commanding the first respondent to correct the date of birth of the petitioner in Ext.P1 certificate as 16.4.1991 to reconcile with the date of W.P.(C) NO.737/2011 2 birth entry in Ext.P2. In view of the admitted facts, as noticed above, the petitioner is not entitled to get such a direction. Indisputably, he was born after the midnight of 16.4.1991 ie., 00.18 AM on 17.4.1991. When that be the fact, nobody can find any fault with the action on the part of the competent authority in entering the date of birth of the petitioner in the register of Registrar of Births and Deaths as 17.4.1991. At the same time, the entitlement of the petitioner for alternative prayer made in this Writ Petition requires consideration especially in the light of the Division Bench decision of this Court in W.A.No.1948 of 2008. The alternative prayer made in this Writ Petition reads thus: “Alternatively, it is prayed for a direction to the 3rd respondent to correct the date of birth of the petitioner as 17/4/1991 in Ext.P2 and the Senior School Certificate Examination 2008 in tune with Ext.P1 certificate issued by the competent authority in the event of correction of date of birth in Ext.P1 birth certificate is not permissible.” 3. Obviously, a person can, as a matter or right, seek for a correction of date of birth in the records maintained by the CBSE within two years from the date of declaration of results of class X examination. W.P.(C) NO.737/2011 3 The said prescribed period had expired long ago. Therefore, the question is whether the petitioner is entitled to approach the authorities under the CBSE with a request to effect correction of date of birth in the records at this distance of time. The contentions raised in this Writ Petition would undoubtedly show that the petitioner is making a request for correction of his date of birth not for the purpose of getting any service benefits. Under similar circumstances, a Division Bench of this Court in the judgment referred above observed that if the course sought for is not for any undue or unmerited advantage like the extension in service but only for reconciling with the date of birth appearing in the register of Registrar of Births and Deaths, the matter requires consideration. I am of the view that in such circumstances, the objection based on the period prescribed for correction of date of birth cannot stand in the way of the petitioner in approaching the authorities for getting corrected the date of birth to reconcile with the date of birth appearing in the register of Registrar of Births and Deaths. In the light of the decision of this Court in W.A No.1948/2008, I am of the view that the petitioner is justified in making the alternative prayer extracted above. In the said circumstances, this Writ Petition is disposed of granting liberty to the petitioner to make an W.P.(C) NO.737/2011 4 application before the concerned school authorities for the purpose of getting correction of his date of birth in the records of the CBSE. In case the petitioner makes a proper application for that purpose within a period of three weeks from today, it shall be treated as an application received within the time limit. The said school authorities shall receive the same on file and forward the same to the competent authorities under the CBSE to consider the claim made by the petitioner on merits especially in the light of the decision of this Court in W.A.No.1948/2008. On receipt of such an application, the competent authority under the CBSE shall consider the same and take appropriate action for correction of the date of birth of the petitioner in the records to reconcile with the date of birth appearing in the register of Registrar of Births and Deaths. This shall be done within a period of 8 weeks from the date of receipt of the application from the school authorities. The Writ Petition is disposed of accordingly. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.737/2011 5 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.737/2011 6