IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 7138 of 2010(N) -------------------------------------- PETITIONER(S): ----------------------- KRISHNA PRASAD C.G., AGED 18 YEARS, S/O.C.R. GANESH, RESIDING AT CHEMBIPARAMBIL HOUSE, POST VALAPAD, 680 567, THRISSUR DISTRICT. BY ADV. MR.C.R.REKHESH SHARMA, MR.J.R.PREM NAVAZ. RESPONDENT(S): -------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110 092. 2. THE CONTROLLER OF EXAMINATIONS, THE CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110 092. 3. REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, (OLD NO.1630 A), 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI- 600 040. 4. THE PRINCIPAL, BHARAT VIDYA MANDIR SENIOR SECONDARY SCHOOL, VALAPAD, THRISSUR- 680 567. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SASTRI BHAVAN, NEW DELHI. R1 TO R3 BY ADV. MR.DEVAN RAMACHANDRAN. R5 BY ADV. MR.T.P.M. IBRAHIM KHAN, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7138 of 2010-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2010. JUDGMENT The petitioner is aggrieved by the rejection of his application for correction of date of birth in his Secondary School Examination certificate and Mark Sheet in conformity with the Birth Certificate issued by the competent authority. 2. The petitioner was a student of the 4th respondent school in Thrissur District. He had appeared for the All India Secondary School Examination from the 4th respondent school. After successfully passing the examination, he has now joined S.N. Vidya Bhavan Higher Secondary School, Chentrappinni and he is presently a plus two student of the above school. He wanted to obtain a passport for which purpose, a birth certificate was obtained from the Thrissur Municipality (Ext.P1), which shows that the date of birth is 20.12.1991. Ext.P2 is the Secondary School Examination Certificate issued by the CBSE on 27.5.2008 wherein the date of birth is shown as 20.12.1992. Ext.P3 is the Mark Sheet, wherein also the same date is mentioned. Exts.P4 and P5 are the representations submitted and the copy of the application for correcting the date of birth. Ext.P5 was wpc7138 /2010 2 rejected by the third respondent as per Ext.P6 by placing reliance upon Rules 69.2(i) and 69.2(iv) of the Examination Byelaws of the Board. The petitioner is placing reliance on Ext.P7 judgment of this Court. Reliance is also placed on the amendment to Rule 79.2(iii) of Chapter 9 of the Examination Byelaws, introduced as per Ext.P8, to the effect that attested certificates issued by the Municipal authorities will also be considered as proof of date of birth. This writ petition is filed seeking to quash Ext.P6 and also for a direction to the third respondent to make necessary correction of date of birth in Exts.P2 and P3. 3. Heard learned counsel for the petitioner and learned Standing Counsel for the CBSE. 4. This Court has already considered similar matters in various writ petitions. The view taken in Ext.P6 cannot be supported in the light of the various judgments of this Court including W.A. No.1948/2008 and connected cases. In W.A. No.1948/2008 and connected cases, a Division Bench of this Court considered the matter elaborately. In the said case, this Court had passed an interim order on 1.4.2009, para 4 of which reads as follows: “After having heard the learned counsel appearing on both sides, we are of the view that in the interest of justice the matter should be wpc7138 /2010 3 considered afresh by the CBSE itself. Therefore, without proceeding further as regards the question of law involved in these cases as to whether the Examination Bye-laws of the CBSE is directory or mandatory in nature, we feel that in the interest of the poor students who are placed in the unfortunate situations referred to above, the CBSE should consider their cases sympathetically, as has been done in the case of students referred to in the judgment of the Supreme Court referred to above. After all, the correction is not for any undue or unmerited advantage like extension in service; but only for reconciling the date of birth as appearing in the Register of Registrar of Births and Deaths. In the above circumstances, we direct the CBSE to consider the case of the students referred to in these cases sympathetically, leaving open the question of law, and consider whether in the peculiar facts and circumstances of the situations referred to in each case, correction in the date of birth can be permitted. We make it clear that these directions are issued only in view of the peculiar facts and circumstances of these cases, and not as a general conditions.” In the judgment, the Division Bench referred to an affidavit filed by the CBSE on 4.8.2009 in the said case, wherein it was stated that pursuant to the direction issued by this Court the appellant therein had constituted a committee and the committee has decided to take appropriate action for correction of the date of birth. Relevant communication addressed by the CBSE to the Regional Office, Chennai was extracted in the said judgment wpc7138 /2010 4 wherein condition No.1 is the recommendation to correct the date of birth of the candidates who had applied to CBSE after two years as stipulated in the CBSE bye-laws and condition No.2 is to change the date of birth of the candidates who had the birth certificate which is issued by the statutory body so that they may not face any difficulty on account of inconsistent date of birth in different documents. It is clear from the said communication that the recommendation of the committee has been approved by the competent authority of the CBSE. Accordingly, the Division Bench directed the CBSE to take action for the correction of date of birth in the school records, within two weeks from the date of production of a copy of the judgment. Any outer time limit provided in the byelaws for entertaining an application cannot be taken as a bar for exercise of power and the period provided can only be termed as a period for the convenience of the administrative authorities alone. 5. In the light of the directions issued the Division Bench in the above judgment, the petitioner is entitled to succeed in this writ petition. Therefore, Ext.P6 is quashed. There will be a direction to respondents 1 to 3 to verify the particulars in terms of the birth certificate in original issued by the Thrissur Municipality and to effect correction in the school records relating to the petitioner. Respondents 1 to 3 shall issue a corrected copy wpc7138 /2010 5 of Exts.P2 and P3 to the petitioner within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/