High Court of KeralaWP(C)/13942/2015disposed of

Bijesh K. v. The Regional Officer

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13942 of 2015 (P) ---------------------------- PETITIONER :

----------------------- BIJESH K., KOLORA NIVAS, NADAKKUTHAZHA P.O., KOZHIKODE DISTRICT - 673 112.

BY ADV. SMT.VIJAYAKUMARI RESPONDENT(S):

----------------------------

1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630-A, J-BLOCK, ANNANAGAR WEST, CHENNAI-600 040

2. THE PUBLIC RELATION OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, SHISHAK KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092.

3. THE PRINCIPAL, 07272, GOKULAM PUBLIC SCHOOL, KURIKKILAD, VADAKARA, KOZHIKODE - 673 104.

R1 & R2 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 13942 of 2015 (P) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - THE TRUE COPY OF THE SCHOOL CERTIFICATE DATED 31/05/2011. EXT.P2(A) & (B) - TRUE COPY OF THE BIRTH CERTIFICATE EXT.P3 - TRUE COPY OF THE PASSPORT.

EXT.P4 - TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.13942 of 2015 ******************************************************* Dated this the 8th day of May, 2015

JUDGMENT

Petitioner has approached this Court seeking a direction to the third respondent to correct the date of birth of the petitioner in the school records and forward the same to the first respondent for effecting simultaneous correction in Ext.P1 and other credentials issued by the Central Board of Secondary Education.

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.

W.P.(C) No.13942 of 2015 2 Under these circumstances, this writ petition is disposed of as under:

The petitioner shall submit a fresh application to the third respondent, who shall make necessary enquiry in the matter 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 first respondent, 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. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln