IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 WP(C).No. 14854 of 2009(B) ----------------------------------------- PETITIONER(S): ----------------------- RAMESHKRISHNAN, S/O.RADHAKRISHNAN, AGED 19 YEARS, PARANKAMOOTTIL HOUSE, PATTOLIMARKET P.O., PUTHIYAVILA, KAYAMKULAM. BY ADVS. MR.K.S.MANU (PUNUKKONNOOR), MR.P.SREEKUMAR. RESPONDENT(S): --------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE CHAIRMAN, COMMUNITY CENTRE, PREETHY VIHAR, DELHI-110 092. 2. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NO.III J BLOCK, ANNA NAGAR, CHENNAI-40, REPRESENTED BY THE DEPUTY SECRETARY. 3. THE PRINCIPAL SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM. R1 & R2 BY MR.K.RAMAKUMAR, SENIOR ADVOCATE, BY ADV.MR.T.RAMAPRASAD UNNI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14854/2009 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE BIRTH CERTIFICATE. P2: COPY OF THE AISSE CERTIFICATE. P3: COPY OF THE APPLICATION. P4: COPY OF THE COMMUNICATION. P5: COPY OF THE JUDGEMENT IN WPC.NO.23766/06. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J ........................................... WP(C).NO.14854 OF 2009 ............................................ DATED THIS THE 14TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner appeared for and passed the All India Secondary School Examination, 2007 after undergoing a regular course of study in Sree Narayana Central School, Kayamkulam. Ext.P2 mark statement was issued thereupon to him by the Central Board of Secondary Education(CBSE). In the school records, the petitioner's date of birth has been entered as 25.5.1992. After passing the All India Secondary School Examination, the petitioner continued his studies in the same school. He appeared for and passed the All India Senior Secondary School Examination, 2009. According to the petitioner, his correct date of birth is 17.3.1990. He states that his birth was registered with the Kollam Corporation on 21.3.1990 and that instead of giving the date, 17.3.1990 as his date of birth, when he was admitted in the Sree Narayana Central School, his date of birth was incorrectly given as 25.5.1992. He submits that unless his date of birth in the original of Ext.P2 and the pass certificate Wpc 14854/2009 2 issued by CBSE is corrected, in tune with the date of birth mentioned in Ext.P1 birth certificate, he will not be able to apply for and obtain a passport or seek employment abroad. He submits that though he had sought for correction of the mark statement/pass certificate by submitting Ext.P3 petition, the said request was declined by Ext.P4 letter dated 25.2.2009 on the ground that the examination bye-laws do not permit such correction. Ext.P4 is under challenge in this writ petition wherein petitioner seeks a direction to respondents 1 and 2 to correct the date of birth in the mark statement/pass certificate as 17.3.1990, instaed of 25.5.1992. 2. The Regional Officer of CBSE, Chennai has sworn to a counter affidavit dated 26.7.2009 resisting the writ petition. However, when the writ petition came up for hearing today, the learned standing counsel appearing for the CBSE fairly submitted that pursuant to the directions issued by the Division Bench of this court in W.A.1948 of 2008 and connected cases, the CBSE has decided to correct the date of birth in the pass certificate/mark statement if the birth of candidates has been registered with the statutory authority. A copy of the judgment of Wpc 14854/2009 3 this court in W.A.1948 of 2008 is also made available to me. 3. I have perused the judgment of the Division Bench of this court in W.A.1948 of 2008 and connected cases. The communication issued by the Central Board of Secondary Education to the Regional Officer at Chennai reads as follows: “ Pursuant to the above orders the Competent Authority of CBSE had constituted a Committee comprising of HOD(Edusat), Section Officer(co- ordination)and Section Officer(Legal) to look into each cases and submit its report. The Committee recommended the following: 1. To correct the Date of birth of the candidates who had applied to CBSE after two years as stipulated in the CBSE Byelaws. 2. Change the date of birth of the candidates who had the birth certificate which is issued by Statutory Body so that they may not face any difficulty on account of in consistent date of birth in different documents. In order to avoid any difference in date of birth for deciding future cases, the CBSE has also amended the Examination Bye- laws. The date of birth in which the certificate issued by Municipal Authority will also be obtained by the school, at the time of admission of a student in the school. The recommendation of the Committee has been approved by the Competent Authority Wpc 14854/2009 4 of CBSE. Hence in all the writ petitioner/writ appeals the prayer made by the candidates/petitioners have been acceded to by CBSE”. 4. It is evident from the communication referred above that where birth of the candidate has been registered with the statutory authority, the date of birth of the candidate in the school records can be corrected even after the period of two years. I am therefore of the opinion that the respondents should reconsider the petitioner's application for correction of his date of birth in the original of Ext.P2 and in other school records having regard to the date of birth entered in Ext.P1 birth certificate issued by the Registrar of Births and Deaths of Kollam Corporation under the provisions of the Registration of Births and Deaths Act, 1960. A decision in that regard shall be taken and a revised pass certificate giving the date of birth as in Ext.P1 birth certificate shall be issued to the petitioner within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent. The petitioner shall in order to enable the second respondent to act as directed above, Wpc 14854/2009 5 return to the second respondent the original of Ext.P2, along with the original of the pass certificate and a certified copy of this judgment. The second respondent shall also instruct the Principal of the school where the petitioner underwent studies to effect necessary changes in the school records. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE lgk