IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19435 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ GOKUL V.RAJU, AGED 22 YEARS, S/O.RAJAN, MANDAPAM, KOTTEM KULENGARA, CHAVARA P.O., KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------------------- 1. THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI REPRESENTED BY ITS SECRETARY.110 001 2. THE CONTROLLER OF EXAMINATION, THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI.PIN-110 001 3. THE DEPUTY SECRETARY, THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI.PIN-110 001 4. THE PRINCIPAL, SRI BUDHA CENTRAL SCHOOL, KARUNAGAPPALLY, KOLLAM.PIN-690 515 5. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI.PIN-110 001 BY ADV.SRI.DEVAN RAMACHANDRAN,SC R5 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.19435/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE P2 COPY OF THE ADMISSION REGISTER. P3 COPY OF THE BIRTH CERTIFICATE P4 COPY OF THE SAID PETITION. P5 COPY OF THE SAID REPLY P6 COPY OF THE SAID APPEAL DATED 14/2/2011. P7 COPY OF THE SAID LETTER RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts ANTONY DOMINIC, J --------------------------------------- W.P(C) No.19435 of 2011 ---------------------------------------- Dated this the 27th day of July, 2011. J U D G M E N T The petitioner was a student of the school of which the 4th respondent is the Principal. According to the petitioner his date of birth is 20.11.1988, whereas in the school records and certificates issued, his date of birth is recorded as 20.3.1989. It appears that he made certain applications for getting necessary instructions as to the procedure for getting the error corrected. However, response received was in the negative. It is therefore that challenging Exts.P5 and P7, the writ petition is filed. 2. In my view there was no necessity for the petitioner to have made the applications, resulting in the aforesaid orders. On the other hand in terms of the procedure laid down by the CBSC, to which the school is affiliated, for getting the date of birth and other particulars corrected, the candidate will have to make an application to the school concerned and it is for the Principal of the School W.P(C) No.19435 of 2011 2 to consider the applications. If the Principal makes corrections in the records, the Principal has to forward the records to the office of the CBSC, whereupon after considering the applications in the light of the materials forwarded, orders will be passed correcting the entries in the records and also in the certificates. 3. However, it appears that in Exts.P5 and P6, delay also has been pointed out against the petitioner. As far as this aspect is concerned as pointed out by the learned counsel for the petitioner, in W.A.No.1948/2008 and several other cases, this Court has held that the delay is immaterial and the same is liable to be condoned. 4. In that view of the matter, I dispose of this writ petition with the following directions: i) That it will be open to the petitioner to make an application before the 4th respondent for getting the date of birth in the school records and certificates issued by the CBSC, corrected. ii) On receipt of the application as above, the 4th W.P(C) No.19435 of 2011 3 respondent shall consider the application and if he agrees to correct the date of birth as sought for, after making correction in the school records, he shall forward the application and the documents to the concerned office of the 1st respondent. iii) On receipt of the documents from the school as above, the CBSC shall consider the request of the petitioner and pass appropriate orders in the matter without any further delay. ANTONY DOMINIC ab JUDGE