Kerala High Court
Dr.Arun S vs The Regional Officer on 4 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.1307 OF 2021(K)
PETITIONER/S:
DR.ARUN S.,
TC-7/1914,D11, IMMANUEL, ANASWARA LANE, SREE CHITRA
NAGAR, PANGODE, THIRUMALA P.O.THIRUVANANTHAPURAM,
PIN-695 006.
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.S.P.BALAKRISHNA PILLAY
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
SHRI.KURUVILLA SABU CHRISTY
RESPONDENT/S:
1 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION (REGIONAL
OFFICE) NEW NO-3, OLD NO 1630A, 'J' BLOCK, 16TH MAIN
ROAD, ANNA NAGAR WEST, CHENNAI-600 040.
2 PRINCIPAL,
ST. MARYS RESIDENTIAL CENTRAL SCHOOL, POOJAPPURA,
THIRUVANANTHAPURAM, PIN-695 012.
R1 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1307 OF 2021
2
JUDGMENT
Dated this the 4th day of February 2021
Petitioner herein appeared for All India
Secondary School Examination, 2008 conducted by CBSE.
He was issued with Ext.P1 certificate, in which, the
date of birth of the petitioner was shown as
22.02.1993. According to the petitioner, his correct
date of birth is 22.02.1992, evident from Ext.P2
birth certificate, Ext.P3 PAN Card, Ext.P4 Electiom
ID Card, Ext.P5 Aadhar Card, Ext.P6 Passport and
Ext.P7 the certificate of registration issued by the
Travancore - Cochin Council of Modern Medicine.
2. Petitioner applied for necessary correction of
date of birth before the CBSE by submitting an
application. However, the correction was not done.
Accordingly, petitioner approached this Court seeking
direction to the respondents to make necessary
corrections in Ext.P1 document and relevant school
records.
3. Opposing the application, learned Counsel for
WP(C).No.1307 OF 2021
the 1st respondent submitted that, there is
considerable delay in filing the application. It was
contended that the correction sought is beyond the
permissible limit. It was also contended that there
is no provision for correcting a mistake of this
nature, which is already on record.
4. This Court in various decisions, have
consistently held that, if a genuine case is made out
and the delay is satisfactorily explained, the Court
can order correction of the records based on relevant
documents. Learned Counsel for the petitioner
explained that, even though the date was wrongly
mentioned in Ext.P1, till recently it was not noticed
since no authority had raised objection. However,
when he applied for the combined medical examination,
his application was objected on the ground that there
was difference in the date of birth. However, he was
permitted to appear for the scheduled examination,
subject to the correction of date of birth in Ext.P1
certificate.
5. Evidently the delay has been explained
WP(C).No.1307 OF 2021
properly by the petitioner. In the light of Exts.P3
to P7 documents, I find no reason as to why Ext.P1
should not be corrected, since the other documents
are also issued by the statutory authorities, and
that can be relied on.
6. Having considered the nature of the relief
sought and the objection raised by the 1 st respondent,
I am inclined to dispose of the writ petition with
the following directions:
i) Petitioner shall file a fresh
application to the 2nd respondent requesting
for correction of the date of birth. Copies
of Ext.P2 to Ext.P7 shall be placed
along with the application proposed to be
filed.
ii) Applicant shall also enclose a DD for
Rs.5,000/- (Rupees Five Thousand Only)
drawn in favour of the CBSE, Chennai Region
as costs. Such application along with DD
shall be filed within three weeks from
today.
iii) The petitioner shall also
additionally remit a sum of Rs.1,500/-
WP(C).No.1307 OF 2021
(Rupees One Thousand Five Hundred only) in
the office of the 2nd respondent as their
expenses for the above process.
iv) The 2nd respondent after verifying the
documents filed, shall carry out correction
of the date of birth in the school records
in accordance with Exts.P2 to P7 within a
period of three weeks from the date of
receipt of application.
v) On such correction, the records shall be
forthwith forwarded to the 1st respondent
Regional Office, CBSE, Chennai, along with
DD. The CBSE, Chennai shall process the
above application and take steps for
issuing necessary certificate with
corrected date of birth. This shall be
completed within three weeks of receiving
the records from the 2nd respondent along
with DD.
The writ petition is disposed of accordingly.
Sd/-
SUNIL THOMAS
JUDGE
uu
04.02.2021
WP(C).No.1307 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MARK STATEMENT DATED
27.5.2008 ISSUED BY THE CONTROLLER OF
EXAMINATION OF CBSE.
EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED
BY THE TRIVANDRUM CORPORATION DATED
31.3.2015
EXHIBIT P3 TRUE COPY OF THE PAN CARD OF THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE ELECTION ID CARD OF THE
PETITIONER
EXHIBIT P5 TRUE COPY OF THE AADHAAR CARD OF THE
PETITIONER
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT OF THE PETITIONER
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION ISSUED BY THE TRAVANCORE-
COCHIN COUNCIL OF MODERN MEDICINE DATED
25.10.2017
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 7.12.2020
FORWARDED BY THE 2ND RESPONDENT TO THE 1ST
RESPONDENT WITHOUT ITS ENCLOSURES
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 17.12.2020 OF
THE UNDER SECRETARY 9EXAM) TO UPSC.
EXHIBIT P10 TRUE COPY OF THE REPLY DATED 18.12.2020
GIVEN BY THE PETITIONER TO THE UNDER
SECRETARY (CMS EXAM), UPSC, WITHOUT ITS
ENCLOSURES.
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 18.12.2020 SENT
BY THE 2ND RESPONDENT TO THE UNDER SECRETARY
(CMS EXAM),UPSC.
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 6.1.2021 ISSUED
BY THE UNDER SECRETARY (EXAM) TO UPSC.
EXHIBIT P13 TRUE COPY OF THE E-SUMMON LETTER ISSUED TO
THE PETITIONER FOR THE PERSONALITY TEST DATED
7.1.21
