Kerala High Court
Sreeraj.R.Nath vs The Central Board Of Secondary ... on 19 April, 1990
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 1ST DAY OF APRIL 2013/11TH CHAITHRA 1935
WP(C).No. 1471 of 2013 (H)
---------------------------
PETITIONER(S):
--------------------------
SREERAJ.R.NATH, AGED 20 YEARS,
S/O.RAGHUNATH.P.K, RESIDING AT SREERAGAM, KARUVACHERY,
PAYYANUR, KANNUR-670 307.
BY ADV. SRI.MAHESH V. RAMAKRISHNAN
RESPONDENT(S):
----------------------------
1. THE CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, 1630A,
J-BLOCK, ANNA NAGAR WEST, CHENNAI-600 040.
2. THE PRINCIPAL,
P.E.S.VIDYALAYA, EDAT.P.O, PAYYANUR,
KANNUR-670 327.
R1 BY ADV.SRI.DEVAN RAMACHANDRAN,SC,CBSE
R2 BY ADV. SRI.M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01-04-2013, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WPC.NO.1471/2013 H
APPENDIX
PETITIONER'S EXHIBITS:
P1- TRUE COPY OF THE BIRTH CERTIFICATE DATED 19.04.1990 ISSUED BY THE
REGISTRAR OF BIRTHS & DEATHS, PAYYANUR MUNICIPALITY.
P2- TRUE COPY OF THE MARK STATEMENT DATED 27.05.2008 OF CLASS-X
EXAMINATION OF THE PETITIONER ISSUED BY THE IST RESPONDENT BOARD.
P3- TRUE COPY OF THE APPLICATION FOR CORRECTION OF DATE OF BIRTH
DATED NIL SUBMITTED BY THE 2ND RESPONDENT TO THE IST RESPONDENT.
P4- TRUE COPY OF THE LETTER DATED 29.03.2011 ISSUED BY THE 2ND
RESPONDENT TO THE IST RESPONDENT.
P5- TRUE COPY OF THE LETTER DATED 14.2.2012 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
P6- TRUE COPY OF THE PROCEEDINGS DATED 24.12.2012 OF THE HEADMISTRESS,
A.L.P.SCHOOL, KARAMEL.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
P.R.RAMACHANDRA MENON, J.
- - - - - - - - - - - - - - - - - - - - -
W.P.(c) No. 1471 OF 2013
- - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 1st day of April, 2013
JUDGMENT
The petitioner was a student of the second respondent's school, whose date of birth happened to be incorporated as 10-05-1993 in the school records instead of the actual date of birth of '10-11-1992', as discernible from Ext.P1 Birth Certificate 1 issued by the competent authority. The case of the petitioner is that, he came across the defective date of birth only much later and immediately he approached the first respondent by filing Ext.P3 application seeking to have the date of birth corrected in the relevant records, but the same was not considered by the said respondent. Hence the writ petition.
2. The learned standing counsel for the first respondent submits that, by virtue of the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get his school records corrected showing the actual date of birth as '10-11-1992'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the first respondent, on W.P.(C)No.1471/2013 2 which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner.
3. In the above circumstances, the petitioner is left to approach the second respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the first respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the first respondent in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A. No.1948/2008 holding that the bar of 'two years' (which is now stated as enhanced to 'five' years) will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall be passed by the first respondent as expeditiously as possible, at any rate, within three months' from the date of receipt of a copy of the proceedings as aforesaid.
The writ petition is disposed of as above.
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.1471/2013 2 W.P.(C)No.1471/2013 2 W.P.(C)No.1471/2013 2
P.R.RAMACHANDRA MENON JUDGE sv.
W.P.(C)No.1471/2013 2