IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 27048 of 2010(E) -------------------------- PETITIONER(S): --------------- POOJA SUSAN BABY,AGED 23 YEARS, D/O.THOMAS, KAKKADAN HOUSE (KNOWN AS KAKKATTU HOUSE)KIZHAKKAMBALAM P.O.,ERNAKULAM DISTRICT. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.M.KABANI DINESH RESPONDENT(S): --------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION REPRESETNED BY ITS CHAIRMAN,NEW DELHI. 2. REGIONAL OFFICER, CENTRAL BOARD OF SECODNARY EDUCATION,PLOT NO.1630A J-BLOCK,16TH MAIN ROAD, ANNA NAGAR (WEST) CHENNAI -600040 3. PRINCIPAL, ST.PETER'S SENIOR SECONDARY SCHOOL, KADAYIRUPPU, 682311, ERNAKULAM DISTRICT. 4. KIZHAKKAMBALAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KIZHAKKAMBALAM ERNAKULAM DISTRICT, PIN - 683 562. MR.DEVAN RAMACHANDRAN, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.27048 of 2010 (E) --------------------------------- Dated, this the 31st day of August, 2010 J U D G M E N T Heard learned standing counsel for the CBSE. 2. The petitioner was a student in the 3rd respondent school. She submitted an application to the 3rd respondent for onward transmission to the 2nd respondent for correction of her date of birth. By an endorsement made on Ext.P4 application, it is stated that they have been instructed by the CBSE not to forward applications after elapse of two year period as provided in bye-law 69.2, the application was returned by the 3rd respondent. It is thereupon that the writ petition has been filed. 3. Admittedly, the authority competent to consider the request for correction of date of birth is the 2nd respondent. The competence of the 2nd respondent to deal with the request of this nature even after the expiry of the period specified in bye-law 69.2 has already been upheld by this Court in the judgment in W.A.Nos.1948/2008 & connected cases, which is also relied on by WP(C) No.27048/2010 -2- this Court in Ext.P5 judgment dated 05/04/2010 in WP(C) No.10555/2010. Therefore, the order passed by the 3rd respondent returning Ext.P4 application cannot be sustained. 4. Having regard to the above, I direct that it will be open to the petitioner to resubmit Ext.P4 to the 3rd respondent, who shall forward the same to the 2nd respondent with appropriate remarks on the request of the petitioner. On receipt of the matter as above, the 2nd respondent shall consider the request of the petitioner on merits in accordance with law and pass appropriate orders in the matter, without any further delay. 5. The 3rd respondent shall forward the application within two weeks of submission of a copy of the judgment and the application, and the 2nd respondent shall pass orders within six weeks of its receipt. The petitioner shall produce a copy of the judgment along with a copy of this writ petition before the 3rd respondent for taking appropriate action in the matter. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg