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2015 Supreme(Ker) 1302

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ashok Bhushan, A.M. Shaffique, JJ.
Subin Mohammed S. - Appellant
Vs.
Union of India and Ors. - Respondents
W.P. (C) Nos. 1362 of 2015 (U), 2320, 5295, 5370, 7041, 7136, 8554, 9386, 10597, 10764, 10784, 10920, 11158, 13413, 15381, 16080, 16430, 16606, 17020, 17747, 17974, 17982, 18301, 18449, 18649, 18716, 18795 and 18868 of 2015
Decided On : 23-12-2015

Advocates:
Advocate Appeared:
For the Appellant : Ayyappan Sankar, Adv.
For the Respondents: N. Nagaresh, ASG

Headnote:

Constitution of India, 1950 - Article 226 - Registration of Births and Deaths Act, 1969 - Kerala Registration of Births and Deaths Rules, 1999 - Examination Rules - Date of Birth - Correction of - School certificate - CBSE school - Liabilities of - Findings of - Held, Examination rules thus formulated are for proper conduct of examination and publication of results - Every student who writes examination is bound to comply with Examination Rules as well - Once an entry is made in register maintained by competent authority in accordance with statutory provision, it raises a presumption of correctness to date of birth entry - Necessary rules have also been framed by State Government to give effect to statutory provisions - No obligation on part of C.B.S.E. to correct date of birth of a candidate in school records merely for reason that a different date of birth is shown in extract of birth certificate produced by them at a later stage - Court has to proceed on basis that bye law of C.B.S.E. cannot be applied to fact situation - But to reconcile date of birth entry in mark sheet with that of entry in statutory certificate, candidates should not be left without any remedy - Their right to approach Court for redressing their grievance cannot be ruled out - Court is of view that, failure to exercise jurisdiction may put petitioners to serious hardship

JUDGMENT :

A.M. Shaffique, J.

1. All these writ petitions have been referred to this Court by a common reference order dated 6/8/2015 wherein the learned Single Judge having considered the matter in detail and answering certain issues, expressed doubt regarding the power of Central Board of Secondary Education (for short 'CBSE') to reduce the limitation period for correcting the date of birth in the mark sheet by one year, by observing that the period of five years have been specified based on a concession made before a Division Bench of this Court.

2. All these writ petitions were filed by separate writ petitioners claiming that the CBSE and the respective Principals/Headmasters of the school should be directed to correct the date of birth in the mark sheet and the registers maintained by the said authorities, as the date of birth appearing in the Register maintained by the local authority is different.

3. The short facts in WP(C) No. 1362/2015 are: The petitioner was born at Abudhabi, United Arab Emirates on 2/3/1992. Ext. P1 is the Birth Certificate issued by the Ministry. His particulars were added to his mother's passport wherein also the date of birth is shown as 2/3/1992. He completed his Class X school education under the CBSE scheme and Ext. P3 is the mark sheet. It is alleged that on account of an inadvertent error on the part of his parents and school authorities, his date of birth is entered in the school records as 3/2/1992. On noticing the mistake, he made an application in 2014 for correction of the date of birth and the same was rejected by CBSE placing reliance on Rules 69.2(i) and (iv) of the Examination Rules. It is indicated that date of birth corrections shall be considered only in accordance with school records, and that as per the bye law of the CBSE, the request for correction in date of birth will be entertained within five years from the date of declaration of results of last examination. According to the petitioner, the entry of date of birth in the school records was an apparent mistake, which should have been corrected by the CBSE.

4. It would be useful to refer to the facts in WP(C) No. 5295/2015 also as it is similar to other cases: Ext. P1 is the Birth Certificate issued by the Panchayat showing her date of birth as 28/4/1989. She completed her Class X school education under the CBSE scheme in the year 2006 and Ext. P2 is the mark sheet. Her date of birth is entered in the school records as 28/2/1990. On noticing the mistake, which according to the petitioner was inadvertent, she made an application in 2014, for correction of the date of birth and the same was rejected by CBSE on similar grounds as stated in W.P.(C) No. 1362/2015. WP(C) Nos. 7041, 9386, 10597, 10764, 13413, 16080, 16606, 17020, 18449, 18649, 18716 and 18868 of 2015 were filed on similar set of facts. In WP(C) No. 16080/2015, Ext. P8, an office order, dated 16.2.2015 is produced, wherein, it is indicated that no correction in the date of birth shall be made after one year from the date of issue of the qualifying certificate. In W.P.(C) No. 16606/2015, the fourth respondent has filed counter affidavit stating that the petitioner joined school in the Ist standard showing the date of birth as 20/4/1995 as evident from the application produced as Ext. R4(a). It is stated that the petitioner while continuing in the IInd standard left the school and, therefore, no changes could be made in the entries in the school records contrary to Government Order dated 6/11/2009. In WP(C) No. 17/20/2015, written submission was made on behalf of CBSE. It is stated that correction in the date of birth of a student is not permissible, if request for any such correction is made after one year of the date of issue of the qualifying certificate. It is stated that examination bye laws of CBSE permitted correction in date of birth within two years and lat






















































































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