High Court of KeralaWP(C)/12543/2015disposed of

Rajesh R. Pillai v. The Principal

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 12543 of 2015 (P) ---------------------------- PETITIONER :- ---------------- RAJESH R. PILLAI THEKEVEETTIL HOUSE, MANAPPALLY SOUTH, S R P M P O THAZHAVA, KARUNAGAPPALLY BY ADV. SRI.P.SANTHOSHKUMAR (KARUMKULAM) RESPONDENTS :- ----------------

1. THE PRINCIPAL SREE BUDHA CENTRAL SCHOOL, EDAKULANGARA P O KARUNAGAPPALLY, KOLLAM - 690 001.

2. CENTRAL BOARD OF SECONDARY EDUCATION REP BY ITS SECRETARY, REGIONAL OFFICE 1630 A J BLOCK ANNA NAGAR WEST, CHENNAI PIN-600 040

3. CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION NEW NO 3 J BLOCK ANNA NAGAR WEST, CHENNAI-600 040

4. THE KARUNAGAPPALLY MUNICIPALITY, PIN - 691 001 REP BY ITS SECRETARY R2 & R3 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12543 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- P1:-TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 4TH RESPONDENT.

P1(a):-TRUE COPY OF THE ENGLISH TRANSLATION OF EXT P1. P2:-TRUE COPY OF CERTIFICATE ISSUED BY THE 3RD RESPONDENT. P3:-TRUE COPY OF THE APPLICATION FOR CORRECTION GIVEN BY THE PETITIONER BEFORE THE IST RESPONDENT.

P4:-TRUE COPY OF RECEIPT ISSUED BY THE POSTAL OFFICE TO THE PETITIONER.

P5:-TRUE COPY OF THE JUDGMENT IN WPC NO 1471/2013. RESPONDENT(S)' EXHIBITS :- NIL --------------------------------- //TRUE COPY// P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.12543 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner has approached this Court seeking a direction to the first respondent to correct his date of birth in the school records and forward the same to the second and third respondents for effecting simultaneous correction in Ext.P2 and other credentials issued by the Central Board of Secondary Education 2.

The matter is covered by the judgment of this Court in Sreeraj Nath v. Central Board of Secondary Education, Chennai [2013 KHC 2724] wherein this Court held that it is for the school authorities to make initial correction and thereafter forward the same to the CBSE for making corrections in the certificate and further that bar of five years will not stand in the way of causing date of birth corrected in genuine cases. Under these circumstances, this writ petition is disposed of as under:

The petitioner shall submit a fresh application to the first respondent, who shall make necessary enquiry in the matter

W.P.(C) No.12543 of 2015 -: 2 :- and if the genuineness of the claim is found to be correct, necessary correction shall be made in the school records and the same shall be forwarded to the second and third respondents, who shall make necessary correction in the certificate issued by CBSE. This shall be done within a period of three months. It is open to the petitioner to produce authenticated copies of the birth certificate before respondents 3 and 2. No costs. Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt