Vasish @ Thiyakesh. S.S v. The Controller Of Examination
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Vasish @ S.S.Thiyakesh ... Petitioner Vs.
1.The Controller of Examination, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi - 110 092.
2.The Chairman, Board of Examinations, Department of Technical Education, Government of Tamil Nadu, Chennai - 600 025.
3.The Controller of Examination, SRM Institute of Science and Technology Deemed University, SRM Nagar, Kattangulathur - 603 203.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents to consider the representation of the petitioner dated 14.11.2021 made to change the date of birth of the petitioner as 30.03.1995 as against the wrong entry of 29.03.1995 in the grade sheet cum certificate of performance, consolidated marksheet and consolidated grade card issued by the respondents 1 to 3 respectively.
For Petitioner : Mr.B.Prasanna Vinoth For R-1 : Mr.P.Karthick, Standing Counsel.
For R-2 : Mr.J.John Rajadurai, Government Advocate.
For R-3 : No Appearance.
ORDER
Heard Mr.B.Prasanna Vinoth, learned counsel for the petitioner and Mr.P.Karthick, learned Standing Counsel who had taken notice for the first respondent and Mr.J.JohnRajadurai, learned 1/3
Government Advocate who had taken notice for the second respondent.
2. This Writ Petition had been filed in the nature of Mandamus seeking consideration of the representation given by the petitioner on 14.11.2021 seeking to correct the date of birth as 30.03.1995 from 29.03.1995. It is not the case whether the petitioner seeks to prolong or seek advantage of change in date of birth, rather he seeks to restrict it. In this connection, it had been stated that the third respondent had made necessary corrections but now the first respondent/ the Controller of Examination, Central Board of Secondary Education at New Delhi and the second respondent/the Chairman, Board of Examinations, Department of Technical Education, Government of Tamil Nadu will have to do necessary corrections.
3.
It is stated by learned counsel that if a representation given to the Regional Office Chennai of Central Board of Secondary Education enclosing relevant public documents indicating the date of birth of the petitioner as 30.03.1995, then the first respondent and the Regional Office Chennai of Central Board of Secondary Education will take up necessary steps.
4. The petitioner may give a fresh application to the Regional Office, Chennai and to the first respondent on or before 15.02.2022 and on receipt of such representation, the Regional Office Central Board of Secondary Education, Chennai, may examine the representation and thereafter take a considered decision with respect to such representation for correcting of date of birth. The decision in that regard is to be taken on or before 15.03.2022.
5. Similarly, a fresh representation may be given to the second respondent, who may examine the same and take a decision on or before 15.03.2022.
6. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Nsr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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To 1.The Controller of Examination, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi - 110 092.
2.The Chairman, Board of Examinations, Department of Technical Education, Government of Tamil Nadu, Chennai - 600 025.
3.The Controller of Examination, SRM Institute of Science and Technology Deemed University, SRM Nagar, Kattangulathur - 603 203.
4.The Regional Office, Central Board of Secondary Education, New No.3, J Block, 16, Main Road, Anna Nagar West, Chennai - 40.
+1 CC to M/s.S.PRASANNA VINOTH, Advocate ( SR-3283[F] dated 01/02/2022 ) +1 CC to M/s.SPL.GP ( SR-3349[F] dated 01/02/2022 ) 31.01.2022 SK(CO) KB(08.02.2022) 3P 7C 3/3