IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 38317 of 2010(L) -------------------------- PETITIONER: --------------- VISHNU JOSE KUMAR, AGED 18 YEARS, S/O.KALA JOSE, RESIDING AT RANI NILAYAM, KARAMKODE.P.O., CHATHANNOOR, KOLLAM-691 579. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENTS: --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REGIONAL OFFICE, PLOT NO.3, ANNA NAGAR WEST, CHENNAI-40. 2. THE PRINCIPAL, SREE NARAYANA PUBLIC SCHOOL, VADAKKEVILA, KOLLAM. PIN-691 010. R1 BY ADV. MR. DEVAN RAMACHANDRAN, SC, CBSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 38317 OF 2010 ......................................................................... Dated this the 24th March, 2011 J U D G M E N T The petitioner is stated as aggrieved of the inadvertent mistake which has crept in relevant school records/certificates showing the date of birth of the petitioner as '15.05.1993' instead of '15.05.1992'. 2. The learned counsel for the petitioner submits that, eventhough the petitioner filed necessary application to have the date of birth corrected before the school authorities along with a copy of the birth certificate (Ext.P2), wherein, the date of birth has been correctly given as '15.05.1992', the application submitted by the petitioner to the school authorities in this regard has not been properly dealt with stating that, since it was not the date of birth furnished at the time of school admission or at the time of forwarding the same to the CBSE, it was not permissible as per CBSE Examination rule 69.2(iii) and W.P.(C) No. 38317 OF 2010 2 that they were not in a position to forward the request for correction of date of birth to the CBSE authorities, 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 his school records corrected, showing the actual date of birth as '15.05.1992'. 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. 4. In the above circumstances, the petitioner is left to approach the 2nd respondent and get his school records corrected based on Ext.P2 birth register; simultaneously causing the same to be forwarded to the 1st respondent 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 W.P.(C) No. 38317 OF 2010 3 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 1st respondent, as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of the proceedings as aforesaid. The writ petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE. lk