IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 38327 of 2010(M) -------------------------- PETITIONER(S): ----------------------- MUTHU KUMAR.K., AGED 55 YEARS, S/O.KUNJU PILLAI, RESIDING AT 'UTHRADAM', THAZHATHUCHERRY, KOOTTIKKADA.P.O., THATAMALA, KOLLAM. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENT(S): --------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REGIONAL OFFICE, PLOT NO.3, ANNA NAGAR WEST, CHENNAI-40. 2. THE PRINCIPAL, SREE NARAYANA PUBLIC SCHOOL, VADAKKEVILA, KOLLAM, PIN-691 010. SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, ALONG WITH WPC NOS.38329 & 38331/10, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 38327, 38329 & 38331 OF 2010 =============================== Dated this the 25th day of March, 2011 J U D G M E N T Petitioner in WP(C) No.38331/10 and 38329/10 were students of the school of which the 2nd respondent is the Principal. In WP(C) No.38327/10, the student is represented by her father. She was also a student of the school of which the 2nd respondent is the Principal. The school is affiliated to the 1st respondent. 2. They made applications to the 2nd respondent seeking correction of their dates of birth in the school records and in the certificates issued by the CBSE on that basis. On receipt of such requests, the Principal has issued Ext.P3 communications in these writ petitions stating that the date of birth now furnished is neither the date of birth furnished at the time of admission nor the date of birth forwarded at the time of examination. On that basis, their requests have been rejected. It is challenging the above communications, the writ petitions have been filed. 3. Since the communication issued by the Principal is under challenge, notice was issued to the Principal. Though notice has been serviced, the Principal has not chosen to appear before WPC Nos. 38327, 38329 & 38331 OF 2010 :2 : this Court. Therefore this Court heard the standing counsel for the 1st respondent and on that basis the writ petitions are disposed of. 4. In my view, the reason stated in Ext.P3 communications referred to above is totally unsustainable. This is for the reason that petitioners themselves conceded that they committed a mistake in furnishing their dates of birth and it was therefore that they sought correction of the said mistake. Such requests cannot be refused to be considered for the reason that the date of birth now furnished is different from one which was already furnished. Therefore, Ext.P3 communications cannot be sustained and are set aside. 5. Standing counsel for the 1st respondent points out that in terms of the CBSE Exam Byelaws, Principal has to consider the requests received, and if found genuine, correct the school records, and on that basis, make report to the Regional Officer of the CBSE for considering and passing orders in the matter. 6. Therefore, I dispose of these writ petitions directing that, on the production of a copy of this judgment, the 2nd respondent will consider the request made by the respective petitioners and if the requests are found to be genuine, correction WPC Nos. 38327, 38329 & 38331 OF 2010 :3 : will be made in the school records. Thereafter, reports will be made to the 1st respondent, who thereupon shall conduct necessary enquiries and pass orders in the matter. The Principal shall comply with the aforesaid direction at any rate within 4 weeks of production of a copy of this judgment and the 1st respondent shall pass orders in the matter within 8 weeks thereafter. Petitioners to produce a copy of this judgment before respondents 1 and 2 for compliance. ANTONY DOMINIC, JUDGE Rp