IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 22589 of 2011(W) -------------------------- PETITIONER: --------------- SREESHA.E.M., D/O.PADMANABHAN NAMBIAR, SREYAS, CHAVASSERY.P.O., MATTANNUR, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. THE PRINCIPAL, SREE SANKARA VIDYAPEETAM, MATTANNUR, KANNUR DISTRICT-670 001. 2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CHENNAI - 600 001. 3. CENTRAL BOARD OF SECONDARY EDUCATION, REP.BY ITS CHAIRMAN, PREET VIHAR, NEW DELHI. 110 092. R2 & R3 BY ADV.SRI DEVAN RAMACHANDRAN - S.C FOR CBSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22589 of 2011(W) APPENDIX PETITIONERS EXHIBITS :- EXHIBIT P1 : TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER BY THE MATTANNUR MUNICIPALITY. EXHIBIT P2 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER. EXHIBIT P3 : TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 29-07-2010. RESPONDENTS EXHIBIT - NIL TRUE COPY PA TO JUDGE amk ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 22589 of 2011 W ``````````````````````````````````````````````````````````` Dated this the 23rd day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Petitioner was a student of the school of which the first respondent is the Principal. It is stated that her date of birth is 22.02.1991 and that the same was wrongly recorded in the school records and the certificates issued by respondents 1 and 2 as 30.09.1990. It is stated that she made an application for correction of the date of birth and the second respondent has rejected the application. The decision of the second respondent was communicated by the Principal by Ext.P3 letter, contents of which read as under:- “As per the request (Ref.No.1) I had sent the relevant records of your daughter for the correction of date of birth. But as per reference cited (3) it has been rejected as there is no provision to correct the date W.P.(C) No.22589/2011 : 2 : of birth according to the Examination Bye- laws.” 2. I heard the counsel appearing for respondents 2 and 3. Despite service of notice, there is no appearance on behalf of the first respondent. 3. The Examination Bye-laws of CBSE, particularly Clause 69 thereof, show that correction of mistakes in the school records as well as the certificates issued is permissible and, therefore, the statement in Ext.P3 that there is no provision to correct the date of birth is incorrect. 4. In that view, I quash Ext.P3 and direct that on the production of a copy of this judgment, the first respondent will consider the application and if correction in the school records is allowed, the application and other documents will be forwarded to the second respondent, who, on receipt thereof, shall, after conducting necessary enquiry, pass appropriate orders in the matter. 5. The first respondent shall complete the process within four weeks of receipt of a copy of the judgment and the W.P.(C) No.22589/2011 : 3 : second respondent shall complete the process within eight weeks of its receipt from the first respondent. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/23/09 // True Copy // P.A. To Judge