IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18087 of 2011(I) ------------------------------------- PETITIONER: ------------------- ANJALI.K.P, MINOR, AGED 17 YEARS, REPRESENTED BY HER NEXT FRIEND, MOTHER PADMINI.K, W/O.M.K.PADMANABHAN, AGED 51 YEARS, "ANJALI", P.O.VILAYANKODE, KANNUR DISTRICT-670 501. BY ADV. SRI.MAHESH V. RAMAKRISHNAN. RESPONDENTS: ------------------------ 1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, 1630A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600 040. 2. THE ASSISTANT SECRETARY, THE CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 1630A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600 040. *SUPPL. R3. IMPLEADED: 3. THE PRINCIPAL, SALAFI ENGLISH MEDIUM SCHOOL, VILLAGE MUKKU, P.O.CHECKIKKULAM, KANNUR, PIN – 670 592. *IS IMPLEADED AS SUPPL. 3RD RESPONDENT AS PER ORDER DATED 12/07/2011 IN I.A. 11001/11. R1 & R2 BY ADV. SRI. DEVAN RAMACHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, ALONG WITH W.P.(C). NO. 18122 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.18087/2011-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MARK STATEMENT DATED 26/05/2009 ISSUED BY THE R.1. BOARD TO THE PETITIONER. EXT.P.2: COPY OF THE CERTIFICATE OF BIRTH DT. 29/10/1999 ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, KASARAGOD MUNICIPALITY. EXT.P.3: COPY OF THE APPLICATION DTD. 24/01/2010 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL, P.E.S. VIDYALAYA, EDAT. EXT.P.4: COPY OF THE ORDER NO. R.O(M)/CORRN/REJECTION/DOB/2010 DTD. 27/05/2011 OF THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 18087 OF 2011 & W.P.(C) No. 18122 OF 2011 ----------------------------------------------------- Dated this the 12th day of July, 2011 J U D G M E N T The issue raised in these writ petitioners are common and therefore these cases were heard together and are disposed of by a common judgment. 2. The petitioners were students of the 3rd respondent school. According to the petitioners, in the certificates issued by the C.B.S.E., their date of birth was wrongly shown. They made applications for correction. 3. In so far as WPC 18122/11 is concerned by Ext.P4 order issued by the 2nd respondent the application was rejected primarily stating that the school forwarded the application without making the corrections in their records. In so far as WPC 18087/11 is concerned, there also application was rejected, stating that the school authorities did not make corrections in their records and also that the application was belated in terms of the provisions of the CBSE Examination Bye- laws. It is on receipt of these intimations the writ petitions are W.P.(C) Nos. 18087/11 & 18122/11 :2 : filed. 4. As far as the delay pointed out against the petitioner in WPC 18087/11 is concerned, this court has already held in W.A.1948/08 and several other writ petitions, that even delayed applications made are liable to be considered on merits. In that view of the matter, application made by the petitioner in WPC 18087/11 cannot be rejected on the ground of delay. 5. However as pointed out by the Standing Counsel appearing for the respondent once an application is made to the school for correction, it is for the school authorities to consider the request and if that request is allowed, forward the same to the C.B.S.E. after making necessary corrections in their records. It is only thereupon that C.B.S.E will make correction in their records. In both these cases the school authorities appear to have simply forwarded the applications to C.B.S.E. without carrying out the corrections in their records. In that view of the matter, the C.B.S.E. cannot be faulted for rejecting the application on this ground. W.P.(C) Nos. 18087/11 & 18122/11 :3 : Therefore I dispose of the writ petitions with the following directions. 6. It will be open to the petitioners to make fresh applications to the 3rd respondent seeking correction of their dates of birth. It is directed that on receipt of such applications, the 3rd respondent will consider those applications and if correction is made in the school records, will forward the records to the 2nd respondent who, on receipt of the above shall consider the applications and the other materials and pass appropriate orders on the request of the petitioners for carrying out the corrections. It is directed that the 3rd respondent shall complete the process within four weeks of the receipt of the applications and the second respondent shall pass orders within 8 weeks of receipt of the records. The writ petitions are disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge