IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940 WP(C).No. 41448 of 2018 PETITIONER/S:

HINA FATHIMA T., AGED 27 YEARS D/O ABDUL MAJEED, THONDIYIL HOUSE, THARISH P.O., KARUVARAKUNDU, MALAPPURAM-676523.

BY ADV. SRI.HARISANKAR V. MENON RESPONDENT/S:

1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110301, REPRESENTED BY ITS CHAIRMAN.

2 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), NEW NO.3, OLD NO.1630-A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600040.

3 THE PRINCIPAL, LITTLE FLOWER ENGLISH MEDIUM SCHOOL, THARISH P.O., KARUVARAKUNDU, MALAPPURAM (DT.), KERALA-676523.

OTHER PRESENT:

SRI.S.NIRMAL,SC, CBSE FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ALEXANDER THOMAS, J.

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W.P.(C)No.41448 of 2018 ----------------------------------------------

Dated this the 19^th day of December, 2018

JUDGMENT

The petitioner seeks correction of the date of birth in the CBSE records so as to be in tune with the entries in Ext.P-1 statutory birth certificate. The prayers in this Writ Petition (Civil) are as follows:

«i) To quash Ext.P6 issued by the 2^nd resp by the issue of a writ of certiorari or such other writ or order or direction.

ii) To direct the 2^nd respondent to carry out necessary changes in the date of birth of the petitioner in Ext.P3 as applied in Ext.P6 forthwith by the issue of a writ of mandamus or such other writ or order or direction.

Iii) To grant the petitioner such other incidental reliefs including the costs of these proceedings. »

2. Heard Sri.Harisankar V.Menon, learned counsel appearing for the petitioner and Sri.S.Niramal, learned Standing Counsel for the CBSE appearing for R-1 and R-2. In the nature of the order that is proposed to be passed in this petition, notice to R-3 will stand dispensed with.

3. According to the petitioner, her correct date of birth in Ext.P-1 birth certificate is shown as “19/03/1991”. That mistakes occurred while recording the said date of birth in the school records, wherein it was shown as “19/03/1992”, which resulted in the said mistake being repeated in admission register as well as in the Transfer and Conduct Certificate, wherein also it has been shown as “19/03/1992”. The entries in a statutory birth certificate as in Ext.P-1 will have force of statutory presumption about its correctness. However, what stands in the way of the petitioner is essentially the time line laid down by the CBSE authorities for correction of such mistakes in the school and CBSE records.

4. The matter in issue is fully covered by the Division Bench judgment of this Court in Subin Mohammed v. Union of India, reported in 2016 (1) KLT

340, wherein following directions have been in paras 39 and 41 thereof:

“39. It is contended that the future prospects of the petitioners to study or get employment abroad, will be substantially affected if the entry of date of birth in the mark sheet does not tally with that in the birth certificate. Though a writ of mandamus cannot be issued in the strict sense, we are of the view that, failure to exercise jurisdiction may put the petitioners to serious hardship. Hence, to render justice, it is always open for the Court to pass appropriate orders, taking into account the facts and circumstances of each case. However, if disputed questions of fact arises, it will not be appropriate for this Court to entertain the matter.

40. xxx xxx xxx

41. Hence, to meet the ends of justice, it will be appropriate for this Court to dispose the Writ Petitions with the following directions:

i) That C.B.S.E. shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine.

(ii) Genuineness