Harikrishnan.V.H v. Union Of India

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 15711 of 2015 (L) ---------------------------- PETITIONER(S):

------------- HARIKRISHNAN.V.H., NAGARSALA, VENPAKAL, VENPAKAL P.O., NEYYATTINKARA.

BY ADVOCATE SRI.R.V.SREEJITH RESPONDENT(S):

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

1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI- 110001.

2. THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION, PARYAVARAN BHAVAN, 8TH FLOOR, B BLOCK, CGO COMPLEX, LODHU ROAD, NEW DELHI- 110003.

3. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW No.3 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI- 600040.

4.THE PRINCIPAL, DR.G.R.PUBLIC SCHOOL, OORUTTUKALA, NEYYATTINKARA P.O., THIRUVANANTHAPURAM DISTRICT- 695121.

R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA BY SRI.S.VAIDYANATHAN, CGC R2 & R3 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

p.t.o

WP(C).No. 15711 of 2015 (L) ---------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1: TRUE COPY OF THE CERTIFICATE DATED 21.5.2012 ISSUED ON BEHALF OF THE 2ND RESPONDENT.

EXHIBIT P2: TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE THIRUVANANTHAPURAM CORPORATION. EXHIBIT P3: TRUE COPY OF THE COMMUNICATION BY THE 3RD RESPONDENT DATED 15.5.2015.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE LPD

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.15711 of 2015 --------------------------------------- Dated this the 13th day of July, 2015.

JUDGMENT

The petitioner is aggrieved with the fact that the petitioner's date of birth has not been corrected, despite an application having been forwarded through the 4th respondent School. However, no such application is produced herein.

2. The case of the petitioner is that, at the time of declaration of date of birth, there occurred a mistake in so far as the petitioner's date of birth is declared as 20.01.1997 instead of 20.01.1996. The petitioner also relies on the Birth Certificate issued by the Local Self Government Institution, produced at Ext.P2, which indicates the date of birth of the petitioner to be 20.01.1996.

3. Even the regulations of C.B.S.E. provides that if an application is made within five years from the date of declaration of results, then the same can be considered. However, the same cannot be merely forwarded through the 4th respondent, but

WP(C) No.15711 of 2015 forwarded through the 4th respondent, after the 4th respondent makes appropriate corrections in the School Register. The 4th respondent also has to certify before the C.B.S.E., that such correction has been made.

3. In such circumstance, the petitioner has to approach the 3rd respondent with a proper application addressed to the 4th respondent, as also the C.B.S.E. The 4th respondent shall make the corrections, after verifying the genuineness of the Birth Certificate produced; in its records. The 4th respondent shall also forward the application to the C.B.S.E along with its Certificate that the corrections have been made in the Register of the School. The C.B.S.E., on receipt of such application along with the Certificate, shall make the correction within a period of three months from the date of receipt of the application and the certificate of correction.

The writ petition is allowed.

Sd/- K. VINOD CHANDRAN, JUDGE sp