Administrative rules regarding correction timelines in education contexts may be set aside to achieve justice in cases of genuine errors.

JUDGMENT

The petitioner is studying in 12th standard in the second respondent which is affiliated to the Central Board of Secondary Education. He passed the Secondary School Examination held in March 2008 with roll No.4141590/2008. Ext.P1 is the true copy of the mark statement and Ext.P2 is the certificate for completion of the Secondary School Examination in the year 2008.

2. During the LKG and UKG classes, the petitioner was studying in Rose Dale School, Palayathode. Therein, the date of birth was wrongly entered as 18.10.1992, though the actual date of birth is 18.10.1991. From 1st standard onwards, the petitioner has been continuing his studies in the second respondent school. In the school records the date of birth is wrongly entered as 18.10.1992, which according to the petitioner, occurred due to an inadvertent mistake or slip. Ext.P3 is the copy of the birth certificate issued by the Registrar of Births and Deaths, Kollam Municipality (now corporation). Ext.P4 is the application submitted by the petitioner to the second respondent for correction of date of birth which was wpc 7244/2010 2 forwarded by the second respondent to the first respondent as per Ext.P5. Along with Ext.P4, the petitioner has produced all the relevant documents showing the actual date of birth. By Ext.P6, the first respondent rejected the application relying upon Rule 69.2 of the Examination Bye-laws . 3. Heard learned counsel for the petitioner and learned Standing Counsel for the CBSE.

4. This Court has already considered similar matters in various writ petitions. The view taken in Ext.P6 cannot be supported in the light of the various judgments of this Court including W.A. No.1948/2008 and connected cases. In W.A. No.1948/2008 and connected cases, a Division Bench of this Court considered the matter elaborately. In the said case, this Court had passed an interim order on 1.4.2009, para 4 of which reads as follows:

“After having heard the learned counsel appearing on both sides, we are of the view that in the interest of justice the matter should be considered afresh by the CBSE itself. Therefore, without proceeding further as regards the question of law involved in these cases as to whether the Examination Bye-laws of the CBSE is directory or mandatory in nature, we feel that in the interest of the poor students who are placed in the unfortunate situations referred to above, the CBSE should consider their cases sympathetically, as has been done in the case of students referred to in the judgment of the Supreme Court referred to above. After all, the correction is not for any undue wpc 7244/2010 3 or unmerited advantage like extension in service; but only for reconciling the date of birth as appearing in the Register of Registrar of Births and Deaths. In the above circumstances, we direct the CBSE to consider the case of the students referred to in these cases sympathetically, leaving open the question of law, and consider whether in the peculiar facts and circumstances of the situations referred to in each case, correction in the date of birth can be permitted. We make it clear that these directions are issued only in view of the peculiar facts and circumstances of these cases, and not as a general conditions.”

In the judgment, the Division Bench referred to an affidavit filed by the CBSE on 4.8.2009 in the said case, wherein it was stated that pursuant to the direction issued by this Court the appellant therein had constituted a committee and the committee has decided to take appropriate action for correction of the date of birth. Relevant communication addressed by the CBSE to the Regional Office, Chennai was extracted in the said judgment wherein condition No.1 is the recommendation to correct the date of birth of the candidates who had applied to CBSE after two years as stipulated in the CBSE bye-laws and condition No.2 is to change the date of birth of the candidates who had the birth certificate which is issued by the statutory body so