IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 24073 of 2007(N)
1. BIJO OMMEN, AGED 28 YEARS,
... Petitioner
Vs
1. UNION OF INDIA,
... Respondent
2. THE DEPUTY SECRETARY,
For Petitioner :SRI.P.K.BALAKRISHNAN NAIR
For Respondent :SRI.DEVAN RAMACHANDRAN
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :23/10/2007
O R D E R
Antony Dominic, J.
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W.P.(C) No. 24073 of 2007
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Dated this the 23rd day of October, 2007
JUDGMENT
By Ext.P3 application the petitioner sought correction of his date of
birth in the mark list issued by the 1st respondent, in which the date of birth
was mentioned as 14-8-1996. Petitioner submits that as per the Panchayat
records, his date of birth is 14-9-1996. This is sought to be corrected by
submitting Ext.P3. However, as the request was not responded to by the
respondents, the petitioner has filed this writ petition.
2. A statement has been filed for and on behalf of the 2nd respondent
indicating that as per Rule 69.1(ii) Central Board of Secondary Education
(CBSE) Examination Bye-laws, such correction is not permissible at this
distance of time. In several cases this Court had already taken the view that
Rule 69.1(ii) is not mandatory and that it was only a directory and that
despite lapse of the period specified therein, correction of date of birth is
permissible. Therefore, there is no merit in the contention raised by the 2nd
respondent.
3. However, in this case, the petitioner has submitted Ext.P3
application directly to the 2nd respondent. According to the 2nd respondent,
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application has to be first submitted to the concerned school and with the
recommendation of the Head of the School, the same to be forwarded to the
2nd respondent and then only the matter will be entertained by the Board.
3. In view of the above, I direct that the petitioner may apply afresh
enclosing copy of the birth certificate issued by the Panchayat and also copy
of the school records to the Principal concerned, once the same is
forwarded to the 2nd respondent along with the recommendation of the
school, the 2nd respondent shall consider the application submitted by the
petitioner on merit and pass appropriate orders thereon as early as possible,
at any rate within six weeks from the date of receipt of the application.
The writ petition is disposed of as above.
Antony Dominic,
Judge.
mn.
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