IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 17179 of 2011(V) ------------------------------------------ PETITIONER(S): -------------------------- SUJITH S.P. AGED 21 YEARS, S/O.SASIDHARAN PILLAI, PUSHPAVIHAR, PARAKKAL, ALIYADU PO, VENJARAMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): ----------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT N0.3, 10TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 40. 2. THE REGIONAL OFFICER, C.B.S.E PLOT NO.1639A, J.BLOCK ANNA NAGAR WEST, CHENNAI-40. 3. RAJA RAVI VARMA CENTRAL SCHOOL, KILIMANOOR, PIRAPPANCODE PO., THIRUVANANTHAPURAM DISTRICT - 695 607, REPRESENTED BY ITS PRINCIPAL. R1 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17179/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DTD. 27/05/2006. P2: COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER BY THE REGISTRAR OF BIRTHS & DEATHS, CITY CORPORATION OF THIRUVANANTHAPURAM. P3: COPY OF HE APPLICATION SUBMITTED ON 10/05/2000 TO 3RD RESPONDENT. P4: COPY OF THE RATION CARD ISSUED TO THE FAMILY OF PETITIONER. P5: COPY OF THE CERTIFICATE FROM THE TAHSILDAR, NEDUMANGAD DTD. 23/05/2011. P6: COPY OF THE AFFIDAVIT OF PETITIONER'S FATHER DULY ATTESTED BY THE NOTARY PUBLIC. P7: COPY OF THE COVERING LETTER OF THE 3RD RESPONDENT DTD. 23/05/2011 TO THE 2ND RESPONDENT. P7(A): COPY OF THE PETITION DTD. 23/05/2011 SUBMITTED BY PETITIONER'S FATHER TO 2ND RESPONDENT. P7(B): COPY OF THE APPLICATION FOR CORRECTION IN DATE OF BIRTH BY THE PRINCIPAL OF THE SCHOOL. P7(C): COPY OF THE BIRTH CERTIFICATE DTD. 20/12/2010 ISSUED TO PETITIONER BY THE REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF THIRUVANANTHAPURAM. P7(D): COPY OF THE CERTIFICATE DTD. 27/05/2006 ISSUED BY 1ST RESPONDENT. P7(E): COPY OF THE MARK STATEMENT ISSUED TO PETITIONER BY 1ST RESPONDENT. P7(F): COPY OF THE RELEVANT PAGE OF THE SCHOOL ADMISSION REGISTER. P8: COPY OF THE WRIT PETITION NO.8784/2011 (W) DTD. 21/03/2011 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 17179 of 2011- V --------------------------------------------------- Dated this 27th day of June 2011 J U D G M E N T According to the petitioner he was a student of the 3rd respondent School. His date of birth was wrongly entered as 25.5.90. Similarly name of his parents are also wrongly entered. Therefore, seeking correction in the school records and the certificates issued by respondents 1 and 2, the petitioner made an application. It is stated that as per Ext.P7, the 3rd respondent forwarded the application along with other records to the 2nd respondent. The complaint of the petitioner is that despite having received Ext.P7, the 2nd respondent has not passed any orders in the matter. 2. It is in the above background, this writ petition is filed seeking a direction to respondents 1 to 3 to correct the date of birth and the names of the petitioner's parents in the records of the respondents and issue fresh certificates to the petitioner. 2 W.P.(C)17179/2011 3. The standing counsel appearing for respondents 1 and 2 has obtained instructions in the matter. According to the learned standing counsel, as per the regulations of the 1st respondent, if an application in the nature of Ext.P7 is received, the same should be considered by the Principal of the school and if correction is made, records should thereafter be sent to the 2nd respondent for effecting correction in the certificates. It is stated that on receipt of the application from the petitioner, without correcting the school records, the Principal forwarded the application to the 2nd respondent and it was therefore that the 2nd respondent could not take any action in the matter. 4. I find substance in the contention raised by the learned standing counsel. Since the regulations of the C.B.S.E. provided that correction should first be carried out in the school records, the 3rd respondent ought to have considered the application and if he is satisfied that mistake has been committed as contended by the petitioner, corrections should have been carried out in 3 W.P.(C)17179/2011 the school records and the records should have been forwarded to the 2nd respondent only thereafter. Since such a course was not adopted by the 2nd respondent and as the application and other records are now pending before the 2nd respondent, I direct the 2nd respondent to return the application and its enclosures to the 3rd respondent, who on receipt of the same, shall consider the request of the petitioner and pass orders in the matter. The 3rd respondent shall do this within four weeks from the date of receipt of this judgment. 5. On receipt of the documents as directed above, if correction is carried out, the 3rd respondent will forward the documents to the 2nd respondent, who shall, on receipt of the documents, consider the request of the petitioner for correction and issue fresh certificates to the petitioner. This exercise shall be completed by the 2nd respondent within eight weeks of the receipt of the documents. 6. The petitioner shall produce copy of this judgment along with copy of the writ petition before the 2nd and 4 W.P.(C)17179/2011 3rd respondents for compliance. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. rka 5 W.P.(C)17179/2011 x Pius C.Kuriakose, Judge. N.K.Balakrishnan, Judge. rka 6 W.P.(C)17179/2011