IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 24865 of 2008(I) -------------------------- PETITIONER: ------------- ARUN DEVADASAN, S/O.DEVADASAN, ARUN PALACHIRA PO., VARKALA VIA., CHEMMARUTHI VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: ----------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION NEW NO.3(OLD NO.1630-A) M.S.BOOK 16TH MAIN ROAD, ANNA NAGAR(WEST) CHENNAI-600040. 2. REGIONAL OFFICER, CENTRAL BOARD OF EXAMINATION, REGIONAL OFFICE, PLOT NO.1630, A3, BLOCK ANNA NAGAR (WEST) CHENNAI-600040. 3. PRINCIPAL , SAVAGERY SREENARAYANA SENIOR SECONDARY SCHOOL, SREENIVASAPURAM PO., VARKALA, THIRUVANANTHAPURAM, PIN-695 145. R1 & R2 BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24865 of 2008(I) APPENDIX PETITIONER'S EXHIBITS: EXT. P1 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE MINISTRY OF HEALTH, UAE ON 28.05.08. EXT.P2 : TRUE COPY OF THE ORIGINAL BIRTH CERTIFICAGTE ISSUED BY THE HEALTH DEPARTMENT OF UAE. EXT.P3 : TRUE COPY OF THE CERTIFICATE OF SECONDARY SCHOOL EXAMINATION ISSUED ON 12.08.06. EXT.P4 : TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO.H826725 ISSUED BY THE COUNSULATE GENERAL OF UAE ON 15.12.90. EXT.P5 : TRUE COPY OF THE LETTER RECEIVED ON 14.0508. EXT.P6 : TRUE COPY OF THE LETTER DT.15.07.08. EXT.P7 : TRUE COPY OF THE RELEVANT PAGES OF THE RULE 69(2) OF CBSE. EXT.P8 : TRUE COPY OF THE JUDGMENT IN WP(C) NO.33734 OF 2007(M) DT.12.12.07. /TRUE COPY/ PS TO JUDGE T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.24865 of 2008 ------------------------------------------ Dated this the 11th day of March, 2010 JUDGMENT The petitioner had passed All India Secondary School Examination held in July, 2006. The issue raised herein is with regard to the correction sought in respect of the date of birth of the petitioner entered in the mark list as 16.02.2009. In the school register also the same date of birth has been mentioned. The copy of the certificate/mark list is produced as Ext.P3. The correct date of birth of the petitioner is 16.2.1988. Ext.P1 is the copy of the birth certificate issued by the Ministry of Health, United Arab Emirates wherein the date of birth has been recorded as 16.02.1988. 2. The application for correction of date of birth filed by the petitioner has been rejected by the order Ext.P5. Aggrieved by the same, this writ petition has been filed. W.P.(C) No.24865 of 2008 - 2 - 3. Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents. 4. The rejection of the application is based on Rule 69(2)(i) of the Examination bye-laws of the Central Board of Secondary Education. Therein a period of two years is fixed as the period during which a correction can be made out, which is to be reckoned from the date of declaration of the results of the last examination. 5. Learned counsel for the petitioner submits that the above stand taken by the respondents cannot be justified, especially, in the light of the decision of a Division Bench of this Court in W.A.No.1948 of 2008 and connected cases. 6. The very same issue was considered by the Division Bench in W.A.No.1948 of 2008 and connected matters. During the pendency of those writ appeals an interim order was passed on 1.4.2009 by the Division Bench therein. W.P.(C) No.24865 of 2008 - 3 - Paragraph 4 of the said order is extracted below: “After having heard the learned counsel appearing on both sides, we are of the view that in the interest of justice the matter should be considered afresh by the CBSE itself. Therefore, without proceeding further as regards the question of law involved in these cases as to whether the Examination Bye-laws of the CBSE is directory or mandatory in nature, we feel that in the interests of the poor students who are placed in the unfortunate situations referred to above, the CBSE should consider their cases sympathetically, as has been done in the case of students referred to in the judgment of the Supreme Court referred to above. After all, the correction is not for any undue or unmerited advantage like extension in service; but only for reconciling the date of birth as appearing in the Register of Births and Deaths. In the above circumstances, we direct the CBSE to consider the case of the students referred to in these cases sympathetically, leaving open the question of law, and consider whether in the peculiar facts and circumstances of the situations referred to in each case, correction in the date of birth can be permitted. We make it clear that these directions are issued only in view of the peculiar facts and circumstances of these cases, and not as a general direction.” The above judgment further reiterates the affidavit dated W.P.(C) No.24865 of 2008 - 4 - 4.8.2009 filed by the Central Board of Secondary Examination (CBSE) wherein it is stated that pursuant to the direction issued by this Court the CBSE had constituted a committee and the committee has decided to take appropriate action for correction of the date of birth. Finally, this Court directed the respondents to take appropriate action for correction of date of birth in the school records within two weeks from the date of receipt of the judgment. 7. In the light of the above judgment of the Division Bench, the petitioner is entitled to succeed in the writ petition. Even though there is a stipulation of two years as per the relevant bye-laws, it cannot be taken as a period of limitation for entertaining the application. On that count also, I am satisfied that the petitioner is entitled to the relief. 8. In that view of the matter, Exts.P5 and P6 are quashed. There will be a direction to the first respondent to W.P.(C) No.24865 of 2008 - 5 - process the application in the light of Ext.P1 birth certificate and correct the entries in the certificate/mark list of the petitioner. The first respondent will take appropriate action in this regard and issue the corrected certificate within a period of one month from the date of production of a copy of this judgment. Petitioner will produce the original certificate/mark list before the first respondent for effecting the necessary correction. Writ petition is disposed of accordingly. T.R.Ramachandran Nair, Judge vns