IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(C).No. 19569 of 2011(U) -------------------------- PETITIONER(S) :- ------------------------ NIZAR ABDUL KALAM, AGED 22 YEARS, S/O.ABDUL KALAM, MANAYIL HOUSE, ERUMATHALA P.O., CHUNANGAMVELI, ALUVA, ERNAKULAM DISTRICT, PIN-683 105. BY ADV. SRI.K.I.ABDUL RASHEED SRI.K.A.SHAMSUDEEN SMT.BHAMA G. NAIR SRI.V.K.MEETHIANKUNJU RESPONDENT(S) :- ---------------------------- 1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.L.1630 A-BLOCK, ANNA NAGAR WEST, CHENNAI-600 040. 2. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, PARYAVARAN BHAVAN, 8TH FLOOR, B-BLOCK, CGO COMPLEX, LODHU ROAD, NEW DELHI-110 003. 3. THE PRINCIPAL, CRESCENT PUBLIC SCHOOL, THOTTUMUGHAM, ALUVA, ERNAKULAM DISTRICT, PIN-683 105. STANDING COUNSEL SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No.19569 OF 2011 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the Birth Certificate issued from the Aluva Municipality. Ext.P2 :- Copy of the Admission Register maintained at the Crescent Public School, Thottumugham. Ext.P3 :- Copy of the Mark Statement dated 20.5.2006 issued by the respondent to the petitioner for the secondary school examination 2006. Ext.P4 :- Copy of the Application dated nil submitted by the Principal, Crescent Public School, Thottumugam, to the respondent. Ext.P5 :- Copy of the Letter No.RO(M)/CORRN/REJECTION/DOB/201 dated 30.05.2011. Ext.P6 :- Copy of the relevant page of the Passport of the Petitioner. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge P.R.RAMACHANDRA MENON, J. ------------------------------------------- W.P.(C) No.19569 of 2011 ------------------------------------ Dated this the 19th day of July 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 showing the date of birth of the petitioner as 24.09.1989 in place of '25.09.1989'. 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 a copy of the birth certificate (produced as Ext.P1), wherein, the date of birth has been correctly given as 25.09.1989, the application forwarded by the school authorities to the 1st respondent, is reportedly not positively dealt with, stating that, it was beyond the period of 'two years', which made the petitioner to approach this Court seeking for appropriate reliefs. W.P.(C) No.19569 of 2011 -: 2 :- 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 '25.09.1989'. 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 3rd respondent and get his school records corrected, based on the relevant materials; simultaneously causing the same to be forwarded to the 1st 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 1st respondent in accordance with law, particularly, in view of the decision rendered by the W.P.(C) No.19569 of 2011 -: 3 :- 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. Jvt