Liyamol Varughese vs The Central Board For Secondary on 27 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33141 of 2008(U)


1. LIYAMOL VARUGHESE,
                      ...  Petitioner

                        Vs



1. THE CENTRAL BOARD FOR SECONDARY
                       ...       Respondent

2. THE ASSISTANT SECRETARY,

3. THE CONTROLLER OF EXAMINATION,

                For Petitioner  :SRI.MVS.NAMBOOTHIRY

                For Respondent  :SRI.K.RAMAKUMAR (SR.)

The Hon'ble MR. Justice V.GIRI

 Dated :27/11/2008

 O R D E R
                        V.GIRI, J
                      -------------------
                 W.P.(C).33141/2008
                     --------------------
     Dated this the 27th day of November, 2008

                      JUDGMENT

Petitioner, who has studied in Kendriya

Vidyalaya, Ashok Nagar, Chennai, is aggrieved by

what she terms as disinclination on the part of the

CBSE Authorities to effect correction of date of birth

as entered in the CBSE Certificate. According to her,

the correct date of birth is 22.8.1983 and this is borne

out by the register maintained with the Registrar of

Births & Deaths. It seems that the petitioner had

made an application in the year 2001 for correction of

the date of birth and that was rejected under Ext.P9.

Writ petition has been filed seeking a direction to the

respondents to effect correction of date of birth in the

mark list and certificate issued by the CBSE

authorities.

2. I heard learned counsel for the petitioner and

learned senior counsel appearing for the CBSE

Mr.Ramkumar.

W.P.(C).33141/2008
2

3. Mr.Ramkumar points out that Ext.P9 is issued as

early as on 3.10.2001. Reasons have been given in

Ext.P9 to reject the petitioner’s request. Writ petition

is filed after a period of seven years. There is no

explanation for the gross delay incurred in approaching

this Court. Secondly, the writ petitioner has not

challenged Ext.P9, but simply sought a writ of

mandamus to the respondents to effect correction of date

of birth in the records maintained with the CBSE.

Obviously, absence of challenge against Ext.P9 stands

in the way of the petitioner prosecuting the writ petition

merely seeking a direction to the respondents to do

something in relation to which they have already

expressed their disinclination. In these circumstances,

I do not find my way to issue any direction in this writ

petition and accordingly the same is dismissed.

V.GIRI,
Judge

mrcs