IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 WP(C).No. 23958 of 2011(T) ----------------------------------------- PETITIONER(S): ------------------------- JINSON M.J,AGED 20 YEARS, S/O.M.P.JOSE,RESIDING AT MANJALY HOUSE,MATHILAKOM P.O, PUNNAKKABAZAR,THRISSUR DISTRICT - 680 685. BY ADVS. SRI.C.R.REKHESH SHARMA, SMT.SMITHA GEORGE. RESPONDENT(S): ---------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, "SIKSHA KENDRA",2,COMMUNITY CENTRE, PREET VIHAR, 110 301,REPRESENTED BY ITS CHAIRMAN. 2. THE CONTROLLER OF EXAMINATIONS, THE CENTRAL BOARD OF SECONDARY EDUCATION, "SIKSHA KENDRA",2,COMMUNITY CENTRE, PREET VIHAR, DELHI 110 301. 3. THE REGIONAL OFFICER, CBSE,OFFICE OF THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3,(OLD NO.1630-A),J BLOCK,16TH MAIN ROAD, ANNA NAGAR, CHENNAI 600 040. 4. THE PRINCIPAL,S.N VIDYA BHAWAN SENIOR SECONDARY SCHOOL, CHENTRAPINNI P.O, THRISSUR DISTRICT - 680 609. 5. UNION OF INDIA,REPRESENTED BY ITS SECRETARY TO MINISTRY OF HUMAN RESOURCE DEVELOPMENT, SASTHRI BHAWAN,NEW DELHI - 110 001. R1 TO R3 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE R5 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23958/2011 T APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1. THE TRUE COPY OF BIRTH CERTIFICATE FROM IRINJALAKUDA MUNICIPALITY DATED 09.06.2011. EXHIBIT P2. THE TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE, BEARING REG.NO.S.NO.SSE/2008/298529 DATED 27.05.2008. EXHIBIT P3. TRUE COPY OF MARK SHEET ISSUED BY THE CBSE, ON 27.05.2008, BEARING NO. SSE/2008/316389. EXHIBIT P4. TRUE COPY OF THE APPLICATION OF THE PETITIONER'S FATHER TO CBSE DATED 11.06.2011 FOR CORRECTION OF DATE OF BIRTH. EXHIBIT P5. THE TRUE COPY OF THE APPLICATION FORMAT. EXHIBIT P6. TRUE COPY OF THE REMINDER FOR ABOVE APPLICATION DATED 18.08.2011. EXHIBIT P7. THE TRUE COPY OF THE COURSE CERTIFICATE ISSUED TO THE PETITIONER BY THE EUROTECH MARINE ACADEMY DATED 10.01.2011. EXHIBIT P8. TRUE COPY OF THE JUDGMENT IN WP(C)NO.34201 OF 2008 DATED 20TH NOVEMBER 2008. EXHIBIT P9. TRUE COPY OF THE NOTIFICATION COORD/SD-K/F-08/2009, DATED 15.09.2009. RESPONDANTS'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23958 of 2011 T ``````````````````````````````````````````````````````````` Dated this the 20th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was a student of the school of which the fourth respondent is the Principal. The school is affiliated to the first respondent. 2. According to the petitioner, though his date of birth is 16.08.1990, in the school records and the certificates issued by the first respondent, his date of birth has been recorded as 15.08.1990. 3. It is stated that, seeking correction of the aforesaid mistake, producing Ext.P1 birth certificate, he submitted Ext.P5 application to the fourth respondent. The petitioner submits that the fourth respondent thereupon forwarded the application to the third respondent. However, the third respondent did not pass any orders in the matter. 4. It is stated that thereupon he made Ext.P6 reminder and even to Ext.P6 reminder, there was no W.P.(C) No.23958/2011 : 2 : response from the third respondent. It is at this stage, this writ petition has been filed, seeking a direction to respondents 3 and 4 to correct the date of birth of the petitioner in the school records and the certificates issued by respondents 1 and 2. 5. Standing Counsel appearing for the fifth respondent submits that, the Union of India has no role in the matter. On behalf of respondents 1 to 3, it is submitted that in terms of the CBSE Examination Bye-laws, application for correction of date of birth should be made within two years of completion of the schooling. It is stated that the application is belated and, therefore, cannot be entertained. It is also pointed out that on receipt of the application, the Principal should consider the same and if only school records are corrected, the CBSE could entertain the request for correction in the certificates issued by them. 6. As far as the delay now pointed out against the petitioner is concerned, in several cases of this nature, it has W.P.(C) No.23958/2011 : 3 : been held by this Court that in spite of the time frame incorporated in the Examination bye-laws, even belated applications received by the CBSE are liable to be entertained and considered on merits. Therefore, the application of the petitioner cannot be rejected on the ground of delay. 7. However, on receipt of the application, if the Principal has not taken steps for correction in the school records, the CBSE cannot be faulted in not taking steps on the application. Therefore, the Principal should consider the application of the petitioner first and if correction is made, he should forward the records to the third respondent, who thereupon should conduct enquiries and pass orders in the matter. In that view of the matter, I dispose of the writ petition with the following directions- (i) That on production of a copy of the judgment along with the writ petition and if necessarily on the filing of a fresh application by the petitioner, the fourth respondent will W.P.(C) No.23958/2011 : 4 : consider the request of the petitioner for correction of his date of birth. The said process shall be completed, at any rate, within four weeks on receipt of the documents as above. (ii) If correction is allowed by the Principal, the documents shall be forwarded to the third respondent, who, on receipt thereof, should deal with the matter and pass orders therein, as expeditiously as possible and at any rate, within eight weeks thereafter. Sd/- (ANTONY DOMINIC, JUDGE) aks/20/09 // True Copy // P.A. To Judge