IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26002 of 2010(A)
1. KRISHNA RAJ.K, S/O.RAGHAVAN NAMBIAR.K.P,
... Petitioner
Vs
1. THE CENTRAL BOARD OF SECONDARY EDUCATION
... Respondent
2. THE PRINCIPAL, CHINMAYA VIDHYALAYA,
For Petitioner :SRI.T.MADHU
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/09/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO.26002 OF 2010(A)
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Dated this the 2nd day of September, 2010
J U D G M E N T
The grievance of the petitioner is that, his application for
correction of date of birth has been returned by the Ist
respondent, as per Ext.P4 communication, relying on the
provisions of the Examination Bye Laws and taking the view that
the application is belated. It is challenging this order that the writ
petition is field.
2. This court has already in the judgment in W.A.
No.1948/2008 and several other writ petitions including W.P(c).
No.24322/2010, has taken the view that irrespective of the said
regulation, the applications made for correction of date of birth
are liable to be considered on merits and orders shall be passed.
In that view of the matter, Ext.P4 returning the application of the
petitioner to the 2nd respondent school is unsustainable and for
that reason I quash Ext.P4.
3. Petitioner may produce a copy of this judgment before
the 2nd respondent, who shall thereupon forward the application
submitted by the petitioner along with a copy of the judgments
referred to above to the Ist respondent, who on receipt of the
WPC.No.26002 /2010
:2 :
application and documents shall pass fresh orders duly adverting
to the law laid down in the aforesaid judgments. The Ist
respondent shall pass orders in the manner as directed above
within 6 weeks.
Writ Petition is disposed of as above.
(ANTONY DOMINIC)
JUDGE
vi/