IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 25119 of 2011(L) --------------------------------- PETITIONER(S): ------------------- GAYATHRI DEVI.D, D/O. DINAKARAN, ADAMBU VELI, CMC 19, CHERTHALA.P.O, ALAPPUZHA DISTRICT. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.RASHMI RAVINDRAN SMT.D.S.THUSHARA RESPONDENT(S): -------------------- 1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI- 600 001. 2. THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYAM, CHENNITALA - 690 195. 3. THE REGISTRAR OF BIRTHS AND DEATHS, CHERTHALA MUNICIPALITY, ALAPPUZHA - 688 005. R1 BY ADV. SRI.DEVAN RAMACHANDRAN, SC., C.B.S.E. R2 BY ADV. SRI.P.K.VIJAYA MOHANAN R3 BY ADV. SRI.JOBY SYRIAC, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, ALONG WITH WPC. NO.25157/2011 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 25119/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 3RD RESPONDENT. P2: COPY OF THE MARK-LIST ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) DATED 27/05/2008. P3: COPY OF THE MEMORNADUM ISSUED BY THE MINISTRY OF HEALTH AND FAMILY WELFARE, GOVERNMENT OF INDIA DATED 16/08/2011. P4: COPY OF THE ORDER DATED 03/09/2011 ISSUED BY THE 2ND RESPONDENT. P5: COPY OF THE PROCEEDINGS DATED 17/03/2010. P6: COPY OF THE JUDGMENT IN WPC.NO.4494/2010. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) Nos.25119, 25157, 25170 & 25172 of 2011 ``````````````````````````````````````````````````````````` Dated this the 22nd day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioners in these writ petitions were students of schools affiliated to CBSE. They made applications for correction of their dates of birth and were unsuccessful in getting the mistakes corrected. Therefore, these writ petitions have been filed for appropriate reliefs. 2. Heard the counsel appearing for the petitioners and also the Standing Counsel appearing for the CBSE. 3. In W.P.(C) No.25119/2011, petitioner was a student of the school of which the second respondent is the Principal. According to the petitioner, her date of birth is 04.11.1992 but, it was wrongly entered in the school records and the CBSE certificates as 06.05.1993. She sought correction of the said mistake by making an application to the school which was forwarded to the CBSE for orders. By W.P.(C) No.25119/11 & connected cases : 2 : Ext.P4 communication, relying on clause 69.2 of the CBSE Examination Bye-laws, the application was rejected on the ground of delay. It is challenging this order, the writ petition is filed, relying on Ext.P6 judgment rendered by this Court in similar circumstances. 4. In Ext.P6 judgment, which was rendered following the Division Bench judgment in W.A.No.1948/2008, it has been held by this Court that, irrespective of the time frame incorporated in the bye-laws, even belated applications are liable to be entertained and considered on merits. Therefore, the reason stated in Ext.P4 communication is unsustainable. In that view, Ext.P4 is to be quashed and I do so. The matter shall be reconsidered and fresh orders shall be passed on the application made by the petitioner. 5. In W.P.(C) No.25157/2011, petitioner was a student of the school of which the third respondent is the Principal. According to the petitioner, his date of birth is 19.05.1989 but, however, in the school records and the CBSE W.P.(C) No.25119/11 & connected cases : 3 : certificates, his date of birth has been wrongly shown as 30.05.1990. He made an application directly to the CBSE, which was replied by Ext.P5 communication of the Assistant Secretary of the CBSE, stating that the application should be submitted to the school and it is for the school authorities to effect correction in the school records and then forward the application to the CBSE for appropriate orders. This stand of the CBSE is perfectly consistent with its examination bye-laws. Therefore, necessarily, the petitioner will have to make his application to the third respondent, who, on receipt thereof, shall entertain the same and if correction of the school records are made, the application along with other documents will be forwarded to the second respondent, who shall thereupon make necessary enquiry and pass appropriate orders in the matter, without any further delay. 6. In W.P.(C) No.25170/2011, according to the petitioner, his date of birth is 10.08.1989 but, was noted wrongly in the school records and certificates issued by the W.P.(C) No.25119/11 & connected cases : 4 : CBSE as 10.04.1991. As in the case of the petitioner in W.P. (C) No.25157/2011, he also made his application directly to respondents 1 and 2 for correction of his date of birth, which, for the very same reasons stated in Ext.P5 in W.P.(C) No.25157/2011, has been rejected by Ext.P5 in this writ petition also. Subsequently, he submitted application to the Principal, which was forwarded to the CBSE and the CBSE, by Ext.P6, rejected the application, on the ground of delay and that the school records are not corrected. It is this order which is under challenge in this writ petition. 7. As already stated above, delay cannot be a reason for rejecting the application. However, there is substance in the objection that school records should be corrected first. Therefore, there will be a direction to the Principal to consider the application made by the petitioner and if correction is allowed, forward the documents to the first respondent, who, on receipt thereof, shall pass orders on the application in the light of the documents produced by the petitioner and ignoring W.P.(C) No.25119/11 & connected cases : 5 : the alleged delay in filing the application. 8. In so far as W.P.(C) No.25172/2011 is concerned, petitioner was a student of the school of which the third respondent is the Principal. According to the petitioner, his date of birth is 18.01.1991 but, was wrongly recorded in the school records and certificates issued by the CBSE as 19.01.1991. It is stated that, seeking correction of the said date of birth, he made Ext.P6 application to the CBSE, which was rejected by Ext.P7, stating that the application is belated. It is this order which is under challenge in this writ petition. 9. As already stated, delay cannot be a reason for rejecting the application and, therefore, Ext.P7 is unsustainable and is to be quashed and I do so. The writ petition is disposed of, leaving it open to the petitioner to make an application to the school for correction of his date of birth and on receipt thereof, it is for the school authorities to consider the same. It is directed that, if the school authorities decide to correct the school records, thereafter, the W.P.(C) No.25119/11 & connected cases : 6 : application will be forwarded to the second respondent, who, on receipt thereof, shall consider the same and pass orders in the matter without any delay. 10. The Principals of the aforesaid schools concerned shall complete the process within four weeks on receipt of a copy of this judgment and application and the officers of the CBSE on their part shall complete the process within eight weeks on receipt of the documents as above. Writ petitions are disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/09 // True Copy // P.A. To Judge