High Court Kerala High Court

Kishan Raj V.S. vs Central Board Of Secondary … on 13 July, 2010

Kerala High Court
Kishan Raj V.S. vs Central Board Of Secondary … on 13 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19919 of 2010(L)


1. KISHAN RAJ V.S.,S/O.T.K.VISWARAJAN,
                      ...  Petitioner

                        Vs



1. CENTRAL BOARD OF SECONDARY EDUCATION,
                       ...       Respondent

2. CENTRAL BOARD OF SECONDARY EDUCATION,

3. THE PRINCIPAL, SREE NARAYANA PUBLIC

                For Petitioner  :SRI.K.ANAND

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :13/07/2010

 O R D E R
                         S. SIRI JAGAN, J.
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                    W.P.(C)No. 19919 of 2010
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             Dated this the 13th day of July, 2010

                           J U D G M E N T

The petitioner is a student of the Sree Narayana Public

School, Kollam affiliated to the Central Board of Secondary

Education. He wrote the All India Secondary School Examination

in 2006 conducted by the Central Board of Secondary Education.

Unfortunately for him, the date of birth of the petitioner is shown

as 21.09.1990 in his certificate, while his actual date of birth is

21.03.1990. He sought correction of the date of birth in the

certificate issued by the C.B.S.E. Since he did not get any

favourable response, the petitioner has filed this writ petition

seeking the following reliefs:

“i. Issue a writ of certiorari to call for the records leading to
Exhibit P3 and to quash the same;

ii. Issue a writ of mandamus or any other writ or order or
direction, directing the 1st and 2nd respondents to correct
the date of birth of the petitioner as 21.03.1990 instead
of 21.09.1990, within a stipulated time frame;

iii. Declare that the correct date of birth of the petitioner is
21.03.1990 on the basis of Exhibit P1;”

2. The question of entitlement for correction of date of

birth and other particulars in CBSE certificates has been

W.P.(C)No. 19919 of 2010
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considered by a Division Bench of this court in W.A.

No.1948/2008 and connected cases. This court has directed

consideration of such requests of other similarly placed students

on merits on the basis of the original evidence to be produced by

the students. Following that decision, I dispose of this writ

petition with a direction to the respondents 1 & 2 to consider the

request of the petitioner for correction of his date of birth in his

CBSE certificate in accordance with law on the basis of the

original documents of evidence in support of his claim as

expeditiously as possible, at any rate within a period of one

month from the date of receipt of a copy of this judgment. For

this purpose the petitioner shall produce the original

documentary evidence in support of his claim regarding the date

of birth, before the 2nd respondent within one week from today.

S. SIRI JAGAN
JUDGE

shg/