IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD JULY 2010 / 1ST SRAVANA 1932 WP(C).No. 1010 of 2009(T) --------------------------------- PETITIONER(S): ------------------ ABHI PAUL, S/O POLACHAN PUTHUPPARA THURAVOOR P.O., ANGAMALY (VIA) PIN – 683 586. BY ADVS. MR.P.J.PAULACHAN MRS.A.THEJOMAYEE DEVI RESPONDENT(S): ------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2, COMMUNITY CENTER, PEET VIHAR, DELHI – 110 092. 2. THE CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA2, COMMUNITY CENTER P.REET VIHAR, DELHI – 110 092. 3. THE PRINCIAPAL, VISWAJYOTHI CMI PUBLIC SCHOOL, ANGAMALY, PIN 683 572, KERALA, 4. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICER, POLT NO.1630-A- ANNANAGAR WEST J BLOCK, CHENNAI 600 040. 5. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI. ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R5 MR.WILSON URMESE FOR R3 MR.K.RAMAKUMAR, SENIOR ADVOCATE FOR R1,2,4 MR.T.RAMPRASAD UNNI FOR R1,2,4 MR.J.R.PREM NAVAZ FOR R1,2,4 MR. V. MANU – GOVERNMENT PLEADER MR. DEVAN RAMACHANDRA – SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1010 of 2009 APPENDIX PETITIONER'S EXHIBITS EXT.P1: BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE ANGAMALY MUNICIPALITY ON 04/06/2004. EXT.P2: COPY OF MARK STATEMENT OF THE PETITIOENR IN THE ALL INDIA SECONDARY SCHOOL EXAMINATION 1998 MARCH, DTD 15/06/1998. EXT.P3: COPY OF APPLICATION SENT THROUGH THE THIRD RESPONDENT TO REGIONAL OFFICER CBSE CHENNAI. EXT.P4: COPY OF REPLY FROM THE CBSE CHENNAI REJECTING THE CORRECTION DATE OF BIRTH AS PER BIRTH CERTIFICATE, DTD 14/05/2008. EXT.P5: COPY OF APPEAL SENT TO THE CHAIRMAN CBSE BOARD CHENNAI DTD 18/02/2008. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.1010 OF 2009 ------------------------------- Dated this the 23rd day of July, 2010 J U D G M E N T The petitioner passed for the All India Senior Secondary School Examination conducted by the Central Board of Secondary Education in 1998. The petitioner's date of birth is 30.03.1982. But the same is mistakenly shown in Ext.P2 pass certificate issued by the second respondent as 25.3.1983. The petitioner seeks a direction to the first respondent to correct the same. 2. I have heard the learned Standing Counsel for the CBSE also. 3. The question of correction of certificates issued by the second respondent, has been the subject matter of decision in a batch of writ appeals, namely, W.A.No.1948/2008 and connected cases, wherein this Court has, by a common judgment, laid down the law relating to such correction, which permits such correction, if appropriate evidence of the correct date of birth in original is produced. In the above circumstances, following that judgment, W.P.(c)No.1010/09 2 this writ petition is disposed of with the following directions: The petitioner shall produce the original records to prove his date of birth before the 1st respondent, who shall consider the same and if he is satisfied with the correctness of the claim of the petitioner for correction of his date of birth, correct the date of birth of the petitioner in the records as well as Ext.P2 in accordance with the said judgment as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(c)No.1010/09 3 W.P.(c)No.1010/09 4