Kerala High Court
Ashik vs Central Board Of Secondary Education on 4 September, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 18TH DAY OF NOVEMBER 2013/27TH KARTHIKA, 1935
WP(C).No. 19375 of 2013 (V)
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PETITIONER(S):
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ASHIK, AGED 20 YEARS
S/O.BHARKATHULLA KHAN, VALLIKUNNAM, KANNIMEL P.O.
ALAPPUZHA DISTRICT.
BY ADVS.SRI.A.N.RAJAN BABU
SRI.P.GOPALAKRISHNAN (MVA)
RESPONDENT(S):
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1. CENTRAL BOARD OF SECONDARY EDUCATION
COMMUNITY CENTRE, PREETHI VIHAR, NEW DELHI-110 092
REPRESENTED BY THE CHAIRMAN.
2. CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE NO.III, J.BLOCK, ANNA NAGAR
CHENNAI-40, REPRESENTED BY THE SECRETARY.
3. THE PRINCIPAL
SREE BUDHA CENTRAL SCHOOL, KARUNAGAPPALLY
KOLLAM DISTRICT-690518.
R3 BY ADV. SRI.B.RENJITHKUMAR
R3 BY ADV. SRI.T.PRADEEP KUMAR
R1 & R2 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 19375 of 2013 (V)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 : TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE
REGISTRAR OF BIRTHS AND DEATHS, OACHIRA GRAMA PANCHAYAT
DATED 4-9-2008.
EXHIBIT P2 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE CENTRAL BOARD
OF SECONDARY EDUCATION FOR ALL INDIA SECONDARY SCHOOL EXAMINATION,
2008 DT.27-5-2008.
EXHIBIT P3 : TRUE COPY OF THE MARK SHEET ISSUED BY THE CENTRAL BOARD
OF SECONDARY EDUCATION FOR ALL INDIA SECONDARY SCHOOL EXAMINATION,
2008 DT.27-5-2008.
EXHIBIT P4 : TRUE COPY OF THE LETTER NO.SBCS/RL/86/09 DT.2-7-2009
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 : TRUE COPY OF THE JUDGMENT DT.5-8-2009 IN WPC 9715/2009
OF THIS HONOURABLE COURT.
EXHIBIT P6 : TRUE COPY OF THE JUDGMENT DT.20-10-2010 IN WPC
32115/2010 OF THIS HONOURABLE COURT.
EXHIBIT P7 : TRUE COPY OF THE JUDGMENT DT.3-3-2011 IN WPC 6617/2011
OF THIS HONOURABLE COURT.
EXHIBIT P8 : TRUE COPY OF THE JUDGMENT DT.12-4-2012 IN WPC 5227/2012
OF THIS HONOURABLE COURT.
EXHIBIT P9 : TRUE COPY OF THE JUDGMENT IN WPC 9458/2013 DT.2-7-2013
OF THIS HONOURABLE COURT.
RESPONDENT(S)' EXHIBITS:NIL
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//TRUE COPY//
P.A TO JUDGE
P.R.RAMACHANDRA MENON, J.
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W.P.(c) No. 19375 OF 2013
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Dated this the 18th day of November, 2013
JUDGMENT
The petitioner was a student of the third respondent's school, whose date of birth happened to be incorporated as 06/05/1993 in the school records instead of the actual date of birth of '05/01/1993', as discernible from Ext.P1 Birth Certificate 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 respondents seeking to have the date of birth corrected in the relevant records, including in Exts.P2 and P3 but the same was not considered by the respondents. Hence the writ petition.
2. The learned standing counsel for the first and second respondents 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 '05/01/1993'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school W.P.(c) No. 19375 OF 2013 2 authorities to the second respondent, on 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 third respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the second respondent for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the second respondent in accordance with law, after conducting verification if necessary, 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 second respondent as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of the judgment.
The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondents for W.P.(c) No. 19375 OF 2013 3 further steps.
The writ petition is disposed of as above.
P.R.RAMACHANDRA MENON JUDGE mns