IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WP(C).No. 30777 of 2011(V) -------------------------- PETITIONER(S): ------------------------ ANJALI ANILKUMAR AGED 20 YEARS, D/O. A.V.ANILKUMAR, RESIDING AT PALLITHAZHATHU HOUSE, ENGANDIYUR P.O, THRISSUR DISTRICT 680 615 BY ADV. SRI.C.R.REKHESH SHARMA SMT.SMITHA GEORGE RESPONDENT(S): ------------------------ 1. THE CENTRAL BOARD OF SECONDARY EDUCATION "SIKSHA KENDRA",2,COMMUNITY CENTRE,PREET VIHAR, DELHI 110 301 REPRESENTED BY ITS CHAIRMAN 2. THE CONTROLLER OF EXAMINATIONS, THE CENTRAL BOARD OF SECONDARY EEUCATION, "SIKSHA KENDRA",2,COMMUNITY CENTRE,PREET VIHAR, DELHI 110 301 3. THE REGIONAL OFFICER,CBSC, OFFICE OF THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION,NEW NO.3, (OLD BNO.1630-A)J BLOCK,16TH MAIN ROAD,ANNA NAGAR, CHANNAI 600 040 4. THE PRINCIPAL,BHARAT VIDYA MANDIR SENIOR SECONDARY SCHOOL,VALAPAD P.O,PIN 680 567, THRISSUR DISTRICT 5. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SASTHRI BHAVAN,NEW DELHI SRI.DEVAN CHANDRAN, SC, CBSE SRI.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30777/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1THE TRUE COPY OF BIRTH CERTIOFICATE FROM ENGANDIYUR GRAMA PANCHAYAT. EXT.P2THE TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE,DATED 27-05-2008 TO THE PETITIONER. EXT.P3TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFCATE,DATED 27-5-2008 TO THE PETITIONER. EXT.P4TRUE COPY OF THE APPLICATION OF THE PETITIONER'S FATHER TO 4TH RESPONDENT DATED 17-10-2011 FOR CORRECTION OF DATE OF BIRTH. EXT.P5TRUE COPY OF THE REPRESENTATION OF THE PETITIONER'S FATHER TO THE 3RD RESPONDENT. EXT.P6TRUE COPY OF THE APPLICATION FORMAT SEND BY THE PETITIONER FORWARDED THROUGH 4TH RESPONDENT. EXT.P7TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P8TRUE COPY OF THE JUDGMENT IN WP(C) NO.34201 OF 2008 DATED 20TH NOVEMBER 2008 EXT.P9TRUE COPY OF THE NOTIFICATION COORD/SD-K/F-08/2009, DATED 15-09-2009 //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30777 OF 2011 ===================== Dated this the 18th day of November, 2011 J U D G M E N T Petitioner was a student of the school of which the 4th respondent is the Principal. The school is affiliated to the 1st respondent. According to the petitioner, in the school records and the certificates issued, her date of birth is recorded as 27/4/92 whereas her correct date of birth is 27/8/91. She completed the examination in March, 2008. On coming to know of the mistake, her father made Ext.P4 application to the 4th respondent requesting for correction of the date of birth. Simultaneous representation was also made to the 3rd respondent. It is stated that, on receipt of the application and other documents, under cover of Ext.P7 letter, the Principal has forwarded Ext.P6 format for correction of date of birth to the 3rd respondent. In Ext.P7, the Principal has specifically mentioned that he has no objection in the matter. The matter is still pending before the 3rd respondent as orders have not been passed so far. It is in these circumstances, the writ petition is filed. 2. I heard the standing counsel appearing for respondents WPC No. 30777/11 :2 : 1 to 3 and the 5th respondent. Since the petitioner has completed the schooling only in 2008 and the application has been made in 2011, even as per the amended bye laws of the CBSE, the application is within the time prescribed. 3. Now that the application has been made duly recommended by the Principal, I direct the 3rd respondent to consider Exts.P6 and P7 and pass orders thereon in accordance with the bye laws. This shall be done at any rate within 8 weeks of receipt of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE Rp //True Copy// PA to Judge