IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22423 of 2011(C) ----------------------------------------- PETITIONER(S): ------------------------- RAHUL HARI.H.R, S/O. G. HARIDASAN UNNITHAN, MYTHRI NAGAR, NO.30, PUNNATHANAM, KADAPPAKKADA, KOLLAM -691 008. BY ADVS. SRI.S.MUHAMMED HANEEFF, SRI.R.KRISHNAKUMAR (CHERTHALA). RESPONDENT(S): --------------------------- 1. COUNCIL FOR INDIAN SCHOOL CERTIFICATE EXAMINATION, E4, SECTOR -1, NEAR LIC OFFICE, NOIDA, NEW DELHI - 110 505, REP. BY ITS CHIEF EXECUTIVE AND SECRETARY. 2. PRINCIPAL, TRINITY LYCEUM, FATHIMA ROAD, KOLLAM - 691 013. BY ADV. SRI. V.V. RAJA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22423/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE STATEMENT OF MARKS OF THE PETITIONER HAIVNG INDEX NO.T/1188/070 ISSUED BY THE 1ST RESPONDENT. P1(A): COPY OF THE PASS CERTIFICATE OF THE PETITIONER HAVING INDEX NO.T/1188/070 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE STATEMENT OF MARKS OF THE PETITIONER HAVING INDEX NO.B/8012/061 ISSUED BY THE 1ST RESPONDENT. P2(A): COPY OF THE PASS CERTIFICATE OF THE PETITIONER HAVING INDEX NO.B/8012/061 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH (KOLLAM CORPORATION) TO THE PETITIONER. P4: COPY OF THE ADMISSION LETTER ISSUED BY THE FEDERAL AGENCY OF HEALTH CARE AND SOCIAL DEVELOPMENT TO THE PETITIONER. P5: COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DTD. 02/08/2011. P6: COPY OF THE COMMUNICATION ISSUED BY THE PETITONER'S FATHER TO THE 1ST RESPONDENT 02/08/2011. P7: COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DTD. NIL. P8: COPY OF THE JUDGMENT DTD. 14/06/2011 IN WP(C) NO.14952/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22423 of 2011 C ``````````````````````````````````````````````````````````` Dated this the 18th day of August, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was a student of the school of which the second respondent is the Principal. The school is affiliated to the first respondent. In the school records and the certificates issued by the first respondent, the date of birth of the petitioner was entered as 30.05.1991 instead of 23.04.1991. The petitioner made an application to the second respondent for getting the aforesaid alleged mistake corrected. In Ext.P5, the application was forwarded by the second respondent to the first respondent. Orders have not been passed on the application. 2. Heard the learned Standing Counsel for the first respondent. 3. According to the petitioner, the regulations of the first respondent prescribe that the applications for correction which are not supported by any court order made beyond W.P.(C) No.22423/2011 : 2 : one year of passing the examination will be rejected. The application made by the petitioner is beyond one year and, therefore, the petitioner apprehends that his application will be rejected. After making Ext.P6 application to the first respondent, the writ petition has been filed. 4. In so far as the delay involved is concerned, in several cases including the judgment in W.A.No.1948/2008 and Ext.P8, this Court has taken a consistent view that even belated applications are liable to be entertained and considered on merits. Therefore, the fact that the application made by the petitioner is beyond one year cannot be fatal to the request made by the petitioner. 5. Clarifying the position as above and taking note of the case of the petitioner himself that the application is pending consideration of the first respondent, I direct the first respondent to consider the application made by the petitioner in the light of the materials produced and pass orders thereon in the light of the observations contained in the judgment W.P.(C) No.22423/2011 : 3 : within eight weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/18/08 // True Copy // P.A. To Judge