IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5770 of 2011(U) -------------------------------------- PETITIONER(S): ------------------------ PARVEEN BHOOSAN,AGED 20 YEARS, S/O.VIBHOOSHANAN NAIR,RESIDING AT T.C.37/1774, WSRA-5,WEST STREET,WEST FORT,FORT.P.O, THIRUVANANTHAPURAM,KERALA-695 023. BY ADV. SRI.KILIYOOR P.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------------------- 1. SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION,PREET NAGAR,NEW DELHI. 2. REGIONAL OFFICER,CBSE,REGIONAL OFFICE, NEW NO.3,J-BLOCK,16TH MAIN ROAD,ANNA NAGAR(WEST), CHENNAI-800 040. 3. THE PRINCIPAL,BHARATIYA VIDYA BHAVAN SCHOOL,KODUNGANOOR.P.O,THIRUVANANTHAPURAM, PIN-695013. BY ADV.SRI.DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J. ------------------------- W.P (C) No.5770 of 2011 -------------------------- Dated this the 24th February, 2011 J U D G M E N T Petitioner is stated as aggrieved of the inadvertant mistake which has crept in relevant school/certificates showing the date of birth of the petitioner as 25.5.1991 in place of '26.5.1991'. 2. The case of the petitioner is that, the mistake is attributable to the the actual time of birth in the night and the date given by the father of the petitioner as 25.5.1991 (instead of 26.5. 1991) happened to be incorporated in the school records and in turn, in the Certificates. 3. The learned counsel for the petitioner submits that the petitioner did not realise the gravity of the mistake earlier, which got surfaced only now; when the petitioner wanted to have his passport. In was in the the said circumstances that the petitioner filed Ext.P3 application before the school authorities along with a copy of the birth certificate (produced as per Ext.P2), wherein, the date of birth has been correctly given as 26.5.1991. It W.P (C) No.5770 of 2011 2 is stated that the application forwarded by the school authorities to the 1st respondent, was not positively dealt with, but for sending Ext.P4 reply stating that the request could not be acceded to, as it was beyond the period of 'two years' which made the petitioner to approach this Court seeking for appropriate reliefs. 4. The learned standing counsel for the 1st respondent 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 his school records corrected showing the actual date of birth as '26.5.1991'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the 1st respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner. 5. 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 1st respondent as W.P (C) No.5770 of 2011 3 prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the 1st respondent in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008 holding that the bar of 'two years' as referred to in Ext.P4 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 1st respondent as expeditiously as possible, at any rate, within 'eight weeks' 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 ma /True copy/ P.A to Judge