IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 15700 of 2011(J) ----------------------------------------- PETITIONER(S): ------------------------- ARUN K.VIJAYAN, AGED 24 YEARS, SON OF LATE SHRI.K.V.VIJAYAN, RESIDING AT KIZHAKKANEDATH HOUSE, P.O.KAKKANAD WEST, ERNAKULAM DISTRICT, KOCHI-682 030, KERALA STATE. BY SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE, BY ADV.SRI.K.M.ABDUL MAJEED. RESPONDENT(S): --------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 3. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, NERIAMANGALAM, ERNAKULAM DISTRICT,PIN - 695 026. 4. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, (OLD NO.1630-A), J.BLOCK, ANNA NAGAR (WEST), CHENNAI-600 040. 5. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI. R1 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE R5 BY SRI.P.PARAMESWARAN NAIR, ASST.S.G. OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.15700/2011 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BIRTH CERTIFICATE NO.23727 (REGISTRATION NO.3552/1986) DTD. 28/01/2011 ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, KOTHAMANGALAM MUNICIPALITY. P2: COPY OF THE CERTIFICATE NO.MO2/6557/226672 (ROLL NO.415055) DTD. 27/05/2002 OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT. P2(A): COPY OF THE MARK STATEMENT NO.023865 (ROLL NO.415055) DTD. 28/05/2002 OF THE PETITIONER ISSUED BY THE 2ND RESPONDENT. P3: COPY OF THE APPLICATION DTD. 2/2/2011 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT THROUGH THE THIRD RESPONDENT. P4: COPY OF THE CERTIFICATE NO.010403 (ROLL NO.4209004) DTD. 23/05/2004 OF THE ALL INDIA SENIOR SCHOOL CERTIFICATE EXAMINATION 2004 RELATING TO THE PETITIONER ISSUED BY THE 2ND RESPONDENT. P4(A): COPY OF THE MARK STATEMENT NO.010917 (ROLL NO.4209004) DTD. 23/05/2004 RELATING TO THE PETITIONER ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE JUDGMENT OF THIS HON'BLE COURT DTD. 5/08/2009 IN WRIT APPEAL NO.1948 OF 2008. P6: COPY OF THE PETITION NO.NIL DTD.22/02/2011 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 15700 of 2011 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : (i) To call for the records relating to Exts. P1 to P6 and to issue a writ of mandamus or any other appropriate writ, direction or order directing Respondents to consider and pass appropriate orders on Exhibit. P6 and make correction of date of birth of the petitioner as 02.11.1986 instead of 2.5.1987 in Ext. P2, P2(A) All India Secondary Examination Certificate 2002 and Mark Statement and to correct the name of the Mother of the Petitioner as Soudhamini M.G. instead of Saudhamini Vijayan in Exhibit P4 and P4(A) All India Senior School Certificate Examination 2004 and Mark Statement respectively as early as possible at any rate within a stipulated time; (ii) To issue a declaration that the petitioner is entitled to get his date of birth corrected as 02.11.1986 instead of 2.5.1987 in Exhibit P2 and P2(A) All India Secondary Examination Certificate 2002 and Mark Statement and to correct the name of the Mother of the Petitioner as Soudhamini M.G. in the Exhibit P4 and P4 (A) All India Senior School Certificate Examination 2004 and Mark Statement respectively in the light of the provisions contained in Sub Rule (iv) of Rule 69.2 of the Examination Bye- Laws of the CBSE, which is an instrumentality of the State within the definition of Article 12 of the Constitution of India, being arbitrary, illegal and ultra virus; and W.P. (C) No. 15700 of 2011 : 2 : (iii) To issue a writ of mandamus or any appropriate writ, direction or order directing the respondents to consider and pass appropriate orders on Ext. P6 petition as early as possible at any rate within a stipulated period. (iv) To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case. 2. Heard the learned standing counsel for the C.B.S.E., who submits that, 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 her school records corrected showing the 'actual date of birth' and 'name of the mother'. 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. 3. 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 fourth 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 W.P. (C) No. 15700 of 2011 : 3 : this Court in W.A No.1948/2008 holding that the bar of 'two years' as referred to in the 'Bye law' will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall be passed by the 4th, 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. Sd/- P. R. RAMACHANDRA MENON, JUDGE kmd /True copy/ P.A. to Judge