IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 33568 of 2010(U) ---------------------------------------- PETITIONER(S): ------------------------ AKHIL V.A,S/O.VIJAYAN, AGED 21 YEARS, MANI VILASOM,KALLUVETTANKUZHI,MANCODE P.O., BY ADVS. SRI. K.SIJU SRI.A.MUHAMMED RAFFI SMT.BINDU GEORGE RESPONDENT(S): -------------------------- 1. THE PRINCIPAL, APRM CENTRAL SCHOOL,CHITHARA P.O., KOLLAM-691559 2. REGIONAL OFFICER,EBSE,REGIONAL OFFICE, ANNA NAGAR WEST,CHENNAI-600101 3. THE CONTROLLER OF EXAMINATION, CBSE, NEW DELHI-1 BY ADV. SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss ANTONY DOMINIC, J. ------------------------- W.P (C) No.33568 of 2010 -------------------------- Dated this the 8th November, 2010 J U D G M E N T Petitioner submits that he was a student of the first respondent school. According to him, there was a mistake in the school records regarding his date of birth and therefore to get the said mistake corrected, he submitted Ext.P3 application to the first respondent. It is stated on the ground that application was belated as per Clause 69 of the C.B.S.E Examination Byelaws, first respondent has refused to forward the application to the third respondent. 2. It is in these circumstances, the writ petition has been filed seeking appropriate directions against the respondents. 3. In several judgments, this Court has held that even in spite of the time frame specified in Clause 69 of the C.B.S.E Examination Byelaws, if an application seeking correction of date of birth of a student is received, respondents are bound to consider the same on merits. Therefore, first respondent could not have declined to W.P (C) No.33568 of 2010 2 forward the application of the petitioner to the second respondent on the ground of delay. In that view of the matter, I dispose of this writ petition with the following directions. i) Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent, who shall thereupon forward Ext.P3 application made by the petitioner, to the second respondent, for appropriate orders on his request for correction of his date of birth. ii) Second respondent shall on receipt of the application pass orders thereon, at any rate, within four weeks thereafter. ANTONY DOMINIC JUDGE ma