IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 2505 of 2011(K) ------------------------- PETITIONER(S): --------------------- MAHIN.E.V.V., ERANEZHATH VENGALI HOUSE, P.O.NATTIKA, PIN-680 566. BY ADV. SRI.V.V.ASOKAN SMT.RUKHIYABI MOHD KUNHI RESPONDENT(S): ------------------------ 1. THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CHENNAI-600 040. 2. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CHENNAI-600 040. 3. CENTRAL BOARD OF SECONDARY EDUCATION, (AFFILIATION UNIT), AMC CELL, PREETH VIHAR, NEW DELHI-110 002. 4. THE PRINCIPAL, SN VIDHYA BHAVAN, CHENTHRAPINI, THRISSUR-680 687. SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 2505 OF 2011 ===================== Dated this the 25th day of January, 2011 J U D G M E N T Petitioner submits that he was a student of the school of which the 4th respondent is the Principal. According to the petitioner, in the school records and the certificates issued by the CBSE, his date of birth has been wrongly shown as 3/9/91 instead of 3/9/90. It is stated that seeking correction of the aforesaid mistake, he made Ext.P4 application to the 4th respondent and Ext.P5 application to the other respondents. Orders have not been passed so far and therefore he has approached this Court. 2. Standing counsel appearing for respondents 1 to 3 points out that, in terms of the Examination Byelaws of the CBSE, an application for the redressal of the grievance of the petitioner has to be made to the Principal of the School, and that, if the Principal makes correction, it is for the Principal to thereafter forward the application to the 2nd respondent with his recommendations. It is stated that if the 2nd respondent receives such communication from the Principal, 2nd respondent will conduct enquiries and then pass orders on the representation. WPC No. 2505/11 :2 : 3. Therefore, what is to be done is that the 4th respondent has to consider Ext.P4 and deal with the same in accordance with the provisions of the Examination Byelaws of the CBSE. True the period of 2 years provided in the CBSE Examination Byelaws has expired. But in several cases of this nature, this Court has clarified that irrespective of the time frame, even if the application received is belated, such application is liable to be entertained on merits. 4. Therefore, it is directed that it will be open to the petitioner to produce a copy of this judgment along with a copy of this writ petition before the 4th respondent, who thereupon shall deal with Ext.P4 in the light of what is stated above. If he finds merit in the request made by the petitioner after correcting school records, the 4th respondent will forward the application of the petitioner along with his recommendations to the 2nd respondent, who thereupon shall conduct enquiries and pass appropriate orders in the matter, as expeditiously as possible, at any rate within 8 weeks of its receipt. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp