IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WA.No. 1608 of 2009 --------------------- AGAINST THE JUDGEMEN IN WPC.19281/2008 Dated 12/06/2009 ................... APPELLANTS/RESPONDENTS 1,2 & 4 : ----------------------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REP.BY ITS CHAIRMAN, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110092 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION REP.BY ITS CHAIRMAN SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI-110092 3. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE PLOT NO.1630-A,J-BLOCK, ANNA NAGAR WEST, CHENNAI 600 040. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS/PETITIONER & RESPONDENTS 3 & 6: --------------------------------------------------------- 1. VINNI VARGHESE D/O N.A.VARGHESE, NEISSERY HOUSE, NEAR MULLASSERY BRIDGE, ANGAMALY PO, ERNAKULAM-72 2. THE PRINCIPAL, THE VIDYADHIRAJA VIDYABHAVAN SENIOR SECONDARY SCHOOL, ANGAMALY, KERALA, 3. UNION OF INDIA REP.BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTRI BHAVAN, NEW DELHI. R1 BY ADV. SRI.P.J.PAULACHAN R3 BY SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R. Bannurmath, C.J. & A.K. Basheer, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1608 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2009 JUDGMENT Basheer, J. This appeal is at the instance of the Central Board of Secondary Education and the Controller of Examination under the said Board. 2. The appellants impugn the judgment passed by the learned Single Judge directing the Principal of the institution under the Board to make appropriate correction in tune with Ext.P1 Birth Certificate in the school records. The Principal was further directed to intimate appellant No.2 regarding the correction and the appellants in turn were directed to make correction in the marks statement, if the student produces the marks statement before them. 3. When this appeal is taken up for consideration today, it is brought to our notice that the above issue is squarely covered by a judgment rendered by a Division WA No.1608 of 2009 -:2:- Bench of this Court in WP(C) No.12857 of 2009 and connected cases. 4. The Division Bench noticed that the Board had already taken a decision to carry out necessary corrections in the birth certificate and other school records. The Division Bench disposed of the Writ Petition after recording the contents of the communication received from the Board and directed the School authority concerned to correct the date of birth of the petitioner in the above writ petition. 5. Learned counsel for respondent No.1 submits that because of the pendency of this Writ Appeal, respondent No.2 is reluctant to do the needful in the matter and to carry out the requisite corrections. In view of the decision in WP(C) No.12857 of 2009 referred above, we do not find any reason why respondent No.2 shall not comply with the direction issued by the learned Single Judge. Therefore, the Writ Appeal is disposed of with a direction to respondent No.2 and such other competent authority to carry out WA No.1608 of 2009 -:3:- corrections as directed by the learned Single Judge. The Writ Appeal is disposed of in the above terms. S.R. Bannurmath, Chief Justice. A.K. Basheer, Judge. ttb