IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 36266 of 2010(G) ----------------------------------------- PETITIONER(S): ------------------------ SABARI C.L., KRISHNA KRIPA, VRA 151, VAZHUTHOOR, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN - 695 121. BY ADVS. SRI.GOPAKUMAR R.THALIYAL, SRI.P.R.PRATEESH. RESPONDENT(S): -------------------------- 1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630 - A, J - BLOCK, ANNA NAGAR WEST, CHENNAI - 600 040. 2. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, PARYAVARAN BHAVAN, 8TH FLOOR, B BLOCK, CGO COMPLEX, LODHU ROAD, NEW DELHI - 110 003. 3. THE PRINCIPAL, DR.G.R.PUBLIC SCHOOL, OORUTTUKALA, NEYYATTINKARA (P.O), THIRUVANANTHAPURAM DISTRICT - 695 121. R1 & R2 BY ADV. SRI. DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010 ALONG WITH WPC.NO.36270 OF2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. ================ W.P.(C) NOs. 36266 & 36270 OF 2010 ========================== Dated this the 6th day of December, 2010 J U D G M E N T Petitioner in WP(C) No.36266/10 was a student of the school of which the 3rd respondent is the Principal. According to him, though his date of birth is 13/4/1987, it has been wrongly entered as 25/2/1988 in the records of the CBSE. He sought correction of the date of birth, but however, that was rejected by Ext.P4 order passed by the 1st respondent. The first reason stated is that, in the CBSE certificates, date of birth entry is consistent with the entries in the school records. The second reason stated is that the request made is belated in terms of Rule 69 of the CBSE Examination Byelaws. It is aggrieved by the above, this writ petition is filed. 2. In so far as WP(C) No.36270/10 is concerned, he was also a student of the school of which the 3rd respondent is the Principal. His grievance is that though his date of birth is 8/3/1989, it has been entered in the CBSE certificates as 8/3/1990. He made a request for correction, but the 3rd respondent has declined the request by Ext.P4 communication on WPC Nos. 36266 & 36270/10 :2 : the ground that the application is belated. It is challenging Ext.P4, the writ petition is filed. 3. I heard the learned counsel appearing for the petitioners and also the learned standing counsel appearing for the CBSE. 4. As far as the delay pointed out to reject the request made by the petitioners is concerned, a Division Bench of this Court, in the judgment in WA No.1948/08 and connected cases, which was followed by the learned Single Judge in WP(C) No.36281/2009, has held that irrespective of the time frame provided in the CBSE Examination Byelaws, even if a request is belatedly made, the authorities are bound to consider the request on merits. Having regard to the aforesaid judgments, the reason of delay stated in the impugned orders cannot be sustained. 5. In so far as the order passed in WP(C) No.36266/10 is concerned, it is also stated that the entry made in CBSE certificates are consistent with the entry in the school records. Necessarily therefore, the school will have to consider the request and make recommendation to the CBSE. 6. However, standing counsel for the respondent now WPC Nos. 36266 & 36270/10 :3 : points out that, in several cases, CBSE authorities have noticed that the birth certificates produced in support of the claim for correction of date of birth are often found to be of suspicious character, and therefore, CBSE should be given sufficient time to get appropriate clarification from the issuing authority. On this basis, standing counsel points out that, reasonable time should be provided to the CBSE to get the matter verified and thereafter to pass orders on the request made. 7. Having regard to the facts pointed out by the standing counsel, I feel, he is eminently justified in making the request. In the result, I quash Ext.P4 in WP(C) No.36266/10 issued by the 1st respondent and Ext.P4 in WP(C) No.36270/10 issued by the 3rd respondent. 8. Petitioners are directed to produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent, who shall take appropriate action in the matter and forward the recommendation to the 1st respondent, who shall pass fresh orders on the request made by the petitioners for correction of their date of birth. It is ordered that it will be open to the 1st respondent to get appropriate clarification from the authorities WPC Nos. 36266 & 36270/10 :4 : which has issued the birth certificates or other certificates relied on by the petitioners, and on receipt of the clarification from the respective authorities, orders shall be passed on the request made by the petitioners, at any rate within 4 weeks thereafter. Writ petitions are disposed of as above. ANTONY DOMINIC, JUDGE Rp