IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2505 of 2011(K)
1. MAHIN.E.V.V.,
... Petitioner
Vs
1. THE DEPUTY SECRETARY,
... Respondent
2. THE SECRETARY,
3. CENTRAL BOARD OF SECONDARY EDUCATION,
4. THE PRINCIPAL,
For Petitioner :SRI.V.V.ASOKAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/01/2011
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 2505 OF 2011
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Dated this the 25th day of January, 2011
J U D G M E N T
Petitioner submits that he was a student of the school of
which the 4th respondent is the Principal. According to the
petitioner, in the school records and the certificates issued by the
CBSE, his date of birth has been wrongly shown as 3/9/91 instead
of 3/9/90. It is stated that seeking correction of the aforesaid
mistake, he made Ext.P4 application to the 4th respondent and
Ext.P5 application to the other respondents. Orders have not
been passed so far and therefore he has approached this Court.
2. Standing counsel appearing for respondents 1 to 3
points out that, in terms of the Examination Byelaws of the CBSE,
an application for the redressal of the grievance of the petitioner
has to be made to the Principal of the School, and that, if the
Principal makes correction, it is for the Principal to thereafter
forward the application to the 2nd respondent with his
recommendations. It is stated that if the 2nd respondent receives
such communication from the Principal, 2nd respondent will
conduct enquiries and then pass orders on the representation.
WPC No. 2505/11
:2 :
3. Therefore, what is to be done is that the 4th respondent
has to consider Ext.P4 and deal with the same in accordance with
the provisions of the Examination Byelaws of the CBSE. True the
period of 2 years provided in the CBSE Examination Byelaws has
expired. But in several cases of this nature, this Court has
clarified that irrespective of the time frame, even if the
application received is belated, such application is liable to be
entertained on merits.
4. Therefore, it is directed that it will be open to the
petitioner to produce a copy of this judgment along with a copy of
this writ petition before the 4th respondent, who thereupon shall
deal with Ext.P4 in the light of what is stated above. If he finds
merit in the request made by the petitioner after correcting school
records, the 4th respondent will forward the application of the
petitioner along with his recommendations to the 2nd respondent,
who thereupon shall conduct enquiries and pass appropriate
orders in the matter, as expeditiously as possible, at any rate
within 8 weeks of its receipt.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp