IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND SEPTEMBER 2010 / 11TH BHADRA 1932 WP(C).No. 25949 of 2010(P) -------------------------- PETITIONER(S): --------------- RAJALEKSHMI.K.G., AGED 21 YEARS, DAUGHTER OF SHRI K.GOPALAKRISHNAN NAIR, RESIDING AT PUTHIYAVEETTIL THEKKETHIL HOUSE, P.O.CHELIKKUZHI, PATTAZHI, VADAKKEKKARA, KOLLAM DISTRICT-691 556. BY ADV. SMT.P.SHYNI RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 2. THE CONTROLLER OF EXAMINARION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092. 3. THE PRINCIPAL, CORDOVA PUBLIC SCHOOL, N.H. BYE PASS, CORDOVA NAGAR, POONTHURA-P.O., AMBALATHARA, THIRUVANANTHAPURAM-695 026. 4. THE REGIONAL OFFICER, CENTRAL BAORD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, (OLD NO.1630-A), J.BLOCK, ANNA NAGAR (WEST), CHENNAI-600 040. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SHASTHRI BHAVAN, NEW DELHI. ADV. SHRI.C.RASHEED, CGC FOR R5 SRI.T.P.M.IBRAHIM KHAN, ASG SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 25949 OF 2010(P) -------------------------------------------------- Dated this the 2nd day of September, 2010 J U D G M E N T The grievance of the petitioner is that, her application for correction of date of birth has been returned by the 4th respondent, as per Ext.P3 communication, relying on the provisions of the Examination Bye Laws and taking the view that the application is belated. It is challenging this order that the writ petition is field. 2. This court has already in the judgment in W.A. No.1948/2008 and several other writ petitions including W.P(c). No.24322/2010, has taken the view that irrespective of the said regulation, the applications made for correction of date of birth are liable to be considered on merits and orders shall be passed. In that view of the matter, Ext.P3 returning the application of the petitioner to the 3rd respondent school is unsustainable and for that reason I quash Ext.P3. 3. Petitioner may produce a copy of this judgment before the 3rd respondent, who shall thereupon forward the application submitted by the petitioner along with a copy of the judgments WPC.No.25949 /2010 :2 : referred to above to the 4th respondent, who on receipt of the application and documents shall pass fresh orders duly adverting to the law laid down in the aforesaid judgments. The 4th respondent shall pass orders in the manner as directed above within 6 weeks. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/