IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 5122 of 2011(M) ------------------------- PETITIONER: --------------- NIDHINKRISHNAN.P., S/O. P.N.BALAKRISHNAN, PURATHEPARAMBIL HOUSE, AZHAKAM.P.O., ANGAMALY(VIA) ERNAKULAM DIST. PIN-683577. BY ADV. SRI.P.J.PAULACHAN RESPONDENTS: --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTER, PREET VIHAR DELHI-110092. 2. THE CONTROLLER OF EXAMINATION, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2, COMMUNITY CENTER, PREET VIHAR, DELHI-110092. 3. THE PRINCIPAL, VIDHYADIRAJA VIDHYA BHAVAN SCHOOL, MEKKAD.P.O., ANGAMALY(VIA) ERNAKULAM DIST. KERALA. 4. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,PLOT NO.1630- A, ANNANAGAR WEST J-BLOCK, CHENNAI-600040. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTHRI BHAVAN,NEW DELHI. BY ADV. MR. DEVAN RAMACHANDRAN, SC, CBSE. R5 BYADV. SHRI.ZUBAIR PULIKKOOL, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5122 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE ANGAMALY MUNICIPALITY ON 20.11.2010 EXT.P2 : TRUE PHOTOCOPY OF THE MARK STATEMENT OF THE CBSE ALL INDIA SE CONDARY SCHOOL EXAMINATION DATED 24.05.2003. EXT.P3 : TRUE PHOTOCOPY OF THE PASS CERTIFICATE OF THE CBSE ALL INDIA SECONDARY SCHOOL EXAMINATION DATED 24.05.2003 EXT.P4 : TRUE PHOTOCOPY OF THE REPLY FROM THE CBSE CHENNI REJECTING THE CORRECTION OF THE DATE OF BIRTH OF THE PETITIONER AS PER BIRTH CERTIFICATE DATED 23.12.2010. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C)No. 5122 OF 2011 ......................................................................... Dated this the 14th March , 2011 J U D G M E N T The petitioner is stated as aggrieved of the inadvertent mistake which has crept in relevant school records/certificates showing the date of birth of the petitioner as '04.03.1988' instead of '04.03.1987'. 2. The learned counsel for the petitioner submits that, eventhough the petitioner filed necessary application to have the date of birth corrected before the school authorities along with a copy of the birth certificate (Ext.P1), wherein, the date of birth has been correctly given as '04.03.1987', the application forwarded by the school authorities to the 4th respondent, is reportedly not dealt with, stating that, it was beyond the period of 'two years', which made the petitioner to approach this Court seeking for appropriate reliefs. 3. The learned standing counsel for CBSE submits that, W.P.(C)No. 5122 OF 2011 2 by virtue of the mandate under the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get his school records corrected, showing the actual date of birth as '04.03.1987'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the 4th respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner. 4. In the above circumstances, the petitioner is left to approach the 3rd respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the 4th respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the 4th respondent, in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008 holding that the bar of 'two years', as referred to in the 'Bye-laws', will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, W.P.(C)No. 5122 OF 2011 3 shall be passed by the 4th respondent, as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of the proceedings as aforesaid. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk