IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 21200 of 2011(Y) -------------------------- PETITIONER : --------------- ARUN A, S/O.V.ANILKUMAR,V.S VILLA, MUKKU ROAD, KILIMANOOR P.O, THIRUVANANTHAPURAM, PIN 695 601. BY ADV. SRI.M.RAJAGOPALAN NAIR & ADV.SRI.G.BIJU RESPONDENT(S): --------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY,SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREETHI VIHAR, NEW DELHI - 110 092, 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, NEW NO.III J BLOCK, ANNA NAGAR (WEST) CHENNAI 40. 3. THE PRINCIPAL, SAINIK SCHOOL, SAINIK SCHOOL P.O, KAZHAKKOOTTAM, THIRUVANANTHAPURAM - 605 001. R1 & R2 BY ADV.SRI.DEVAN RAMACHANDRAN - SC FOR CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21200 of 2011(Y) APPENDIX PETITIONER EXHIBITS :- EXHIBIT P1 : TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF THIRUVANANTHAPURAM CORPORATION. EXHIBIT P2 : TRUE COPY OF THE PASS CERTIFICATE OF THE PETITIONER ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION. EXHIBIT P3 : TRUE COPY OF THE COMMUNICATION SENT IN THIS REGARD FROM THE 3RD RESPONDENT TO PETITIONER. EXHIBIT P4 : TRUE COPY OF THE JUDGMENT DATED 14-10-2009 IN W.P.(C) NO.14854 OF 2009. EXHIBIT P5 : TRUE COPY OF THE JUDGMENT DATED 14-09-2010 IN W.P.(C) NO.28074/2010. RESPONDENTS EXHIBIT : NIL. TRUE COPY P.A TO JUDGE amk ANTONY DOMINIC, J. ================ W.P.(C) NO. 21200 OF 2011 ===================== Dated this the 26th day of September, 2011 J U D G M E N T Petitioner was a student of the school of which the 3rd respondent is the Principal. The school is affiliated to the 1st respondent. According to the petitioner, his date of birth is 13/4/1988. However, in the school records and in the certificates issued by the CBSE, his date of birth has been recorded as 13/4/1990. Therefore, he made an application to the 3rd respondent for correction of his date of birth. That was rejected by Ext.P3 communication. Two reasons are stated. One is that the application is belated in as much as such applications will be entertained only if it is made within two years of the date of publication of results of the Class X examination. Secondly, it is also stated that, if correction sought for is allowed, that would make the petitioner ineligible at the time of admission. Counsel for the petitioner relies on Exts.P4 and P5 judgments to contend that the grounds of rejection mentioned in Ext.P3 are unsustainable. 2. As far as the delay in making the application relied on WPC No. 21200/11 :2 : in Ext.P3 against the petitioner is concerned, in several cases including in Exts.P4 and P5, it has been held by this Court that even inspite of the time limit prescribed in the CBSE Examination Byelaws, even belated applications are liable to be entertained and considered on merits. Therefore, the ground of delay cannot be relied against the petitioner to reject his application. 3. As far as the second reason that if the correction is allowed, that would render the petitioner ineligible at the time of admission is concerned, going by the pleadings, the petitioner has completed his schooling in 2005 and is presently a B.Tech student. Therefore, at this stage, the second reason stated also cannot be pressed into service provided the date of birth as claimed by the petitioner is factually correct. 4. In that view, I dispose of this writ petition directing that the 3rd respondent will entertain the application and consider the same on merits. It is directed that, if correction in the school records is allowed, papers will be forwarded to the 2nd respondent, who on receipt thereof shall after necessary verification, pass orders in the matter. The 3rd respondent shall complete the process within 4 weeks of production of a copy of this judgment WPC No. 21200/11 :3 : and the 2nd respondent shall complete the process within 8 weeks of its receipt from the 3rd respondent. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp