IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 29443 of 2010(E) -------------------------- PETITIONER(S): -------------------- AJIN GEORGE, S/O.V.GEORGE,,PUNNAKKAL HOUSE, MORAKALA, KUMARAPURAM PO, ERNAKULAM DISTRICT PIN-683 565. BY ADV. SRI.RAFFEEKH.K RESPONDENT(S): ----------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, SHIKSHAK KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092. 2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHAK KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092. 3. THE PRINCIPAL, ST.PETER'S SENIOR SECONDARY SCHOOL,KADAYIRIPPU PO, ERNAKULAM DISTRICT-682 311. 4. THE JOINT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION,REGIONAL OFFICE, PLOT NO.1630A,(NEW NO.3)ANNA NAGAR WEST, J.BLOCK, CHENNAI-600 040. SRI.DEVAN RAMACHANDRAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 29443 OF 2010 (E) ===================== Dated this the 24th day of September, 2010 J U D G M E N T Petitioner was a student of the 3rd respondent School. On the ground that his date of birth entered in the school records was erroneous, he made an application, which ought to have been forwarded by the 3rd respondent to the 4th respondent for necessary action. However relying on the provisions of the CBSE Examination Bylaws, on the ground that the application was belated, the 3rd respondent returned the application as per Ext.P5. It is in these circumstances, the writ petition is filed seeking direction for the correction of the date of birth of the petitioner. 2. Irrespective of the provisions contained in Clause 69 of the Examination Bye-laws now relied on in Ext.P5 communication of the Principal, in Ext.P6 and other judgments of this Court, it has been held that if an application is received by the school authorities, they are bound to forward the same to the competent authority for consideration of the request on merits. In this case, evidently that has not been done and for that reason, the writ petition is disposed of with the following directions. WPC No. 29443/10 :2 : (1) If the application returned by Ext.P5 has been received, it will be open to the petitioner to resubmit the same to the 3rd respondent. (2) Once the application is resubmitted as above or if the application is available with the 3rd respondent, the 3rd respondent shall on the production of a copy of this judgment forward the application to the 4th respondent, who on receipt of the application and other accompanying documents, shall consider the request of the petitioner for correction of his date of birth in the light of the judgments referred to above. (3) The 4th respondent shall pass orders at any rate within 6 weeks of receipt of the application. (4) Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp