IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17036 of 2011(D) -------------------------- PETITIONER(S): ----------------------- PRASANTH.R., KUTTIKKATTU PADINJATTETHIL KALAKKODE.P.O., BHOOTHAKULAM, KOLLAM-691302. BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): ----------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, 3 BLOCK, ANNA NAGAR(WEST), CHENNAI-40, REP. BY CONTROLLER OF EXAMINATION. 2. ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, 3 BLOCK,ANNA NAGAR(WEST),CHENNAI-40. 3. PRINCIPAL, MAHATMA GANDHI MEMORIAL MODEL SCHOOL, AYIROOR.P.O., VARKALA, PIN-695310, THIRUVANANTHAPURAM. SRI.DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, ALONG WITH WPC NO.17037/11, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.17036/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE PHOTOCOPY OF THE MARKLIST WITH CERTIFICATE NO.4131623 OF THE SECONDARY SCHOOL EXAMINATION ISSUED TO THE PETITIONER'S SON DT 26.5.2004. EXT.P2: TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER ON 31.12.2008 BY THE REGISTRAR OF BIRTH AND DEATH OF ADICHANELLOOR GRAMA PANCHAYAT. EXT.P3: TRUE PHOTOCOPY OF THE LETTER NO.RO(M) CORR/2010/CORN/DB DATED 17.3.2011. EXT.P4: TRUE PHOTOCOPY OF THE LETTER MGM/5/47/2011 DT 8.1.2011 REJECTING THE APPLICATION SUBMITTED FOR CORRECTION OF DOB ISSUED BY THE 3RD RESPONDENT. EXT.P5: TRUE PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.27489/2010 DT 30.11.2010. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NOs. 17036 & 17037 OF 2011 (D) ============================= Dated this the 24th day of June, 2011 J U D G M E N T Petitioners were students of Mahatma Gandhi Memorial Model School, Ayiroor, Varkala. According to them, in the school records as also the CBSE certificates, their date of birth shown were erroneous. 2. In so far as the petitioner in WP(C) No.17036/11 is concerned, he applied to the school and the Principal by Ext.P4 communication dated 8/1/2011 informed him that in view of para 69(1) and (2) of the CBSE Examination Bye laws, he is not in a position to entertain the request. 3. In so far as the petitioner in WP(C) No.17037/11 is concerned, Ext.P3 communication issued by the 1st respondent to the Principal of the school shows that in view of the aforesaid provision of the CBSE Examination Bye laws, the request cannot be entertained. 4. Thus, as at present, the request made by the petitioners for correction of their dates of birth has been rejected and therefore these writ petitions are filed. WPC No. 17036 & 17037/11 :2 : 5. I heard the standing counsel appearing for the 1st respondent also. 6. From the submissions made at the bar, what is disclosed is that para 69 of the CBSE Examination Bye laws provides a time limit of two years from the date of issuance of the certificate for seeking correction of date of birth and other particulars in the school records and CBSE certificates and it was thereupon that the requests were not considered. However, a Division Bench of this Court in the judgment in WA No.1948/08, which has been followed in several other cases including in Ext.P5 herein, it has been held that the said time limit is only directory. Therefore even belated applications are liable to be entertained. Therefore the fact that the petitioners have made their applications beyond the time limit specified in the Examination bye laws of the CBSE by itself is no reason to reject the applications made by them. 7. However, as rightly pointed out by the standing counsel for the CBSE, the application has to be made to the school and on receipt of such application, it is for the school authorities to consider application and if satisfied that a mistake has crept in, to correct the records and then forward the records WPC No. 17036 & 17037/11 :3 : to the CBSE for considering the request for correction of the certificates issued by them. In this case, the school authorities have not so far completed the aforesaid exercise. 8. In that view of the matter, the writ petitions are disposed of with the following directions: (1) That on the production of a copy of this judgment along with a copy of the writ petitions, the Principal of the School shall consider the application made by the respective petitioners in the light of the materials produced by them and pass orders on their request for correction. (2) Thereafter, if correction is allowed, the records will be forwarded to the 1st respondent, who on receipt thereof, conduct necessary enquiries if necessary, and pass final orders in the matter. (3) The Principal shall complete the exercise within 4 weeks of receipt of a copy of this judgment and the 1st respondent shall complete the exercise within 8 weeks of receipt of the records from the Principal. ANTONY DOMINIC, JUDGE Rp