IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 28852 of 2010(F) ----------------------- PETITIONER : ------------------ ASWATHY.M, AGED 22 YEARS, D/O. MANMADAN, NELLIKKAPPALLY, KAVUMKAL, MANNANCHERRY P.O., ALAPPUZHA. BY ADV. SRI. S. SHANAVAS KHAN RESPONDENT(S): ------------------------ 1. THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR(WEST), CHENNAI-40. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J-BLOCK, ANNA NAGAR(WEST)CHENNAI-40. 3. SAHODARAN SMARAKA ENGLISH MEDIUM SCHOOL, PRESENTLY KNOWN AS BELIEVER'S CHURCH ENGLISH MEDIUM SCHOOL, REPRESENTED BY ITS PRINCIPAL GURUPURAM, ALAPPUZHA – 688 001. R1 & R2 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 28852 of 2010 F ``````````````````````````````````````````````````````` Dated this the 6th day of October, 2010 J U D G M E N T Petitioner submits that she was a student of the third respondent school affiliated to respondents 1 and 2. It is stated that the Date of Birth of the petitioner has been wrongly recorded in the school records and she wants to get the said mistake corrected. According to the petitioner, seeking correction, though she submitted an application to the third respondent, that was declined to be accepted and, therefore, she sent an application to respondents 1 and 2 by registered post. There has not been any response and it is in these circumstances, this writ petition is filed. 2. In several cases of this nature, this Court has rendered judgments quashing the orders passed by the respondents, rejecting the application for correction of Date of Birth on the ground that such applications are belated in view WPC.28852/10 : 2 : of the provisions contained in clause 69 of the CBSE Examination Bye-laws. 3. In this case, taking note of the facts, it is presumed that such refusal could only be on the ground that the application is belated. 4. Having regard to the above facts, I direct that if the first respondent has received the application from the petitioner as averred by her in this writ petition, the first respondent shall consider the same and pass orders, in the light of the judgments rendered by this Court including Exts.P5 to P7. 5. Therefore, petitioner is directed to produce a copy of this judgment along with a copy of the writ petition before the first respondent, who shall consider the application in the manner as directed above, within six weeks from the date of production of a copy of this judgment. Writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) aks