IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 15823 of 2011(C) --------------------------------------- PETITIONER(S): ------------------------ ELSON JACOB, AGED 26 YEARS, S/O.A.M. CHACKO, ANICHAMKUZHYIL HOUSE, ADIMALY, IDUKKI DISTRICT, PIN- 685 561. BY ADV. SRI.THOMAS M.JACOB, SRI.AKHIL K.MADHAV. RESPONDENT(S): -------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, PLOT NO.1630 A, J BLOCK, 15TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI- 600 040. 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630 A, J BLOCK, 15TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI- 600 040. 3. THE PRINCIPAL, THE VISWADEEPTHI PUBLIC SCHOOL, ADIMALY, IDUKKI- 685 561. R1 & R2 BY ADV. MR.DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 15823 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE BIRTH CERTIFICATE BEARING NO.23777 ISSUED BY KOTHAMANGALAM MUNICIPALITY (KERALA). EXT.P2: COPY OF THE CERTIFICATE OF BAPTISM SOLEMNIZED AT THE MAR THOMA CHERIA PALLY. EXT.P3: COPY OF THE MARK STATEMENT OF ALL INDIA SECONDARY SCHOOL EXAMINATION 2000 OF THE PETITIONER. EXT.P4: COPY OF THE PASS CERTIFICATE OF ALL INDIA SECONDARY SCHOOL EXAMINATION 2000 OF THE PETITIONER. EXT.P5: COPY OF THE APPLICATION SUBMITTED TO THE FIRST RESPONDENT FOR CORRECTION OF DATE OF BIRTH OF PETITIONER. EXT.P6: COPY OF THE REMINDER DATED 18/04/2011 SENT. EXT.P7: COPY OF THE SECOND REMINDER DATED 09/05/2011 SENT. EXT.P8: COPY OF THE POSTAL RECEIPTS DATED 09/02/2011 OF EXHIBIT P-5 APPLICATION DATED 18/04/2011 OF EXHIBIT P-6 FIRST REMINDER AND DATED 09/05/2011 OF EXHIBIT P-7 SECOND REMINDER. EXT.P9: COPY OF THE JUDGMENT DATED 09/10/2006 IN WP(C) NO. 23216/2005. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs P.R. RAMACHANDRA MENON J. ------------------------------------------------ W.P (C) No.15823 OF 2011 ------------------------------------------------- Dated the 14th day of June, 2011 JUDGMENT The petitioner is stated as aggrieved of the inadvertent mistake which has crept in the relevant school records/certificates showing the date of birth of the petitioner as 18/05/1985 in place of '18/07/1984'. 2. The learned counsel for the petitioner submits that, even though the petitioner filed necessary application to have the date of birth corrected before the school authorities, along with copies of the 'birth certificate' and 'baptism certificate' (produced as per Ext.P5), wherein, the date of birth has been correctly given as 18/07/1984, the application forwarded by the school authorities to the first respondent, is reportedly not dealt with, stating that, it was beyond the period of 'two years', which made the petitioner to approach this Court seeking for appropriate reliefs. 3. The learned standing counsel for CBSE 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 her school records corrected showing the actual date of birth as '18/07/1984'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the first respondent, on which event, the same will be considered and appropriate steps will W.P. (C) No. 15823 of 2011(C) -:2:- be pursued to redress the grievance of the petitioner. 4. In the above circumstances, the petitioner is left to approach the second respondent and get her school records corrected based on the relevant materials, simultaneously causing the same to be forwarded to the first respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the first 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 the 'Bye-laws' 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 first respondent as expeditiously as possible, at any rate, within 'two months' from the date of receipt of the proceedings as aforesaid. The writ petition is disposed of as above. Sd/- P. R. RAMACHANDRA MENON, JUDGE //TRUE COPY// P.A. TO JUDGE krj