IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26910 of 2011(K) -------------------------- PETITIONER(S): --------------- AJMAL ABDULLA S.V., S/O.N.ABDULLA, AGED 22 YEARS, S.V.HOUSE, NEAR PRATHIBHA TALKIES, PAYANGADI, KANNUR DISTRICT. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, 1630A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600040. 2. THE PRINCIPAL, PROGRESSIVE ENGLISH SCHOOL (SENIOR SECONDARY), WADIHUDA, PAYANGADI, KANNUR-670303. SC SRI. DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26910 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE CERTIFICATE OF BIRTH DATED 26.8.1989 ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS MADAYI PANCHAYATH EXT.P2- TRUE COPY OF THE MARK STATEMENT OF CLASS-x EXAMINATION OF THE PETITIONER ISSUED BY THE 1ST RESPONDENT BOARD EXT.P3- TRUE COPY OF ORDER DATED 24.9.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).26910/2011 .............................................. Dated this the 12th day of October, 2011 JUDGMENT Petitioner was a student of the School in which the second respondent is the Principal. The School is affiliated to the first respondent. According to the petitioner, though his date of birth as per Ext.P1 is 30.5.1989, in the School records and certificates issued by the first respondent, his date of birth has been wrongly shown as 3.5.1989. Therefore, seeking correction of the mistake, he made an application to the second respondent and the response received from the second respondent is Ext.P3, wherein it is stated that he is not in a position to forward the application to the first respondent. It is there upon, the petitioner has approached this Court seeking appropriate orders. 2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent. 3. The Examination Bye-laws of the CBSE provide for correction of errors in the School records and the certificates issued by the CBSE. Therefore, in a case where there is a W.P.(C).26910/11 2 mistake in the School records or the certificates issued, the aggrieved person is entitled to make an application to the second respondent and it is for the second respondent to consider the same as pointed out by the learned counsel for the first respondent. According to him, on receipt of such application, the second respondent shall verify whether any mistake has been committed and if so, correction is to be allowed and that there upon, the second respondent shall forward the papers to the first respondent who has to conduct necessary enquiries and take a decision in the matter. Such being the case, the second respondent could not have declined to forward the application to the first respondent. 4. Therefore, I dispose of this writ petition with the following directions. It will be open to the petitioner to make an application to the second respondent along with the supporting documents seeking correction of his date of birth. On receipt of such application and documents, the second respondent shall consider W.P.(C).26910/11 3 the same and if correction in the School records is allowed, papers shall be forwarded to the first respondent who shall there upon, make necessary enquiries and pass orders in accordance with law, ignoring the delay if any, in making the application. ANTONY DOMINIC, Judge mrcs