High Court Kerala High Court

Bijo Ommen vs Union Of India on 23 October, 2007

Kerala High Court
Bijo Ommen vs Union Of India on 23 October, 2007
       

  

  

 
 
  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.
                 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                          W.P.(C) No. 24073 of 2007
                 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                 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,

W.P.(C) 24073/07 2

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.

W.P.(C) 24073/07    3