IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 18962 of 2011(U) ---------------------------------------- PETITIONER(S): -------------------- SHEENA ANN KURIAKOSE, KURUMOLATH HOUSE KOLENCHERY P.O., ERNAKULAM. BY ADV. SRI.T.C.THOMAS RESPONDENT(S): ------------------------- 1. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION PLOT NO.1630- A, J-BLOCK, ANNA NAGAR WEST CHENNAI- 600 040. 2. THE CHAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION PARYAVARAN BHAVAN, 8TH FLOOR, B BLOCK CGO COMPLEX, LODHU ROAD, NEW DELHI- 110 003. 3. THE PRINCIPAL ST. PETER'S SENIOR SECONDARY SCHOOL KADAYIRUPPU, KOLENCHERY PO, ERNAKULAM, PIN- 682 311. R1 & R2 BY ADV. MR.DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18962 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 & P1(a): COPY OF THE BIRTH CERTIFICATE AND ITS ENGLISH VERSION. EXT.P2: COPY OF THE CHILD PASSPORT NO.C 066607 DATED 05/04/1987. EXT.P3: COPY OF THE NEWS PAPER ADVERTISEMENT IN JANMA BHUMI DATED 15/02/2007. EXT.P4: COPY OF THE NEWS PAPER ADVERTISEMENT IN DESHABHIMANI DATED 15/02/2007. EXT.P5: COPY OF THE MARK LIST OF THE PETITIONER DATED 24/05/2003. EXT.P6: COPY OF THE RELEVANT PAGES OF THE PASSPORT NO.G 2462432. EXT.P7: COPY OF THE LETTER DATED 28/06/2011. EXT.P8: COPY OF THE LETTER DATED 29/06/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P9: COPY OF THE RELEVANT PORTION OF THE PRINTED VERSION OF RULE 69.2(IV) OF THE EXAMINATION BYE-LAW OF THE CENTRAL BOARD OF SECONDARY EDUCATION. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J ............................................. W.P.(C).18962/2011 .............................................. Dated this the 19th day of August, 2011 JUDGMENT 1.Petitioner was a student of the School of which the third respondent is the Principal. School is affiliated to respondents 1 and 2. According to the petitioner, in the School records as also the certificates issued by the respondents, her date of birth is recorded as 5.3.1988 instead of 5.3.1987. 2.In terms of the Examination bye-law of the CBSE, she made an application to the third respondent for correction of the aforesaid mistake. In response thereto, the third respondent issued Ext.P8 communication dated 29.6.2011 stating that as per the Examination bye-law of the CBSE, correction of date of birth should be done within two years of the candidate's appearance in the 10th standard examination and that since the application of the petitioner is a belated one, same cannot be forwarded to respondents 1 and 2 for correction. It was thereupon, that this writ petition has been filed with a prayer to quash Ext.P9 Examination bye-law of the CBSE prescribing two years time limit mentioned in Ext.P8 communication. W.P.(C).18962/11 2 3.Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 and 2. Despite service of notice, there is no representation on behalf of the third respondent. 4.In so far as the challenge against Ext.P9 Examination bye-law is concerned, in my view, it is unnecessary to go into that question for the reason that in several cases including the Division Bench judgment in W.A.1948/08 and connected cases, it has been consistently held by this Court that irrespective of the time limit prescribed in the CBSE Examination bye-law, even a belated application filed is liable to be entertained and considered on merits. In that view of the matter even if the petitioner's application is filed beyond the two years period prescribed in the bye-laws, same is liable to be entertained. 5.The legal position being as above, refusal of the third respondent to forward the petitioner's application to respondents 1 and 2 for necessary correction, cannot be sustained and hence Ext.P8 is set aside. W.P.(C).18962/11 3 6.Writ petition is therefore, disposed of directing that on the production of a copy of this judgment, the third respondent will examine the request made by the petitioner and if correction is allowed, papers will be forwarded to the first respondent, who on receipt thereof will consider and pass orders on the application made by the petitioner for correction of date of birth. Third respondent shall complete the aforesaid process, within four weeks of production of a copy of this judgment and first respondent shall complete the process within eight weeks from the date of receipt of the papers from the third respondent, as aforesaid. ANTONY DOMINIC, Judge mrcs