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HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
ABIN K P – Appellant
Versus
CENTRAL BOARD OF SECONDARY EDUCATION – Respondent
WRIT PETITION (CIVIL) 16770/2012
Correction - Date of Birth - Rule 69.2(i) of Examination Bye Laws - The court ruled that corrections to the date of birth must follow the school records as per Rule 69.2(i) and directed the necessary procedural steps for correction.
Fact of the Case:
The petitioner sought to quash proceedings refusing to correct his date of birth in school records. The discrepancy between the school records and the actual birth date was highlighted, alongside the need for correcting the records in accordance with relevant rules.
Finding of the Court:
The court found that the rejection of the petition was justified as the correct school records had not been presented. It ordered the correction of school records to facilitate the proper process for date of birth amendment.
Issues: Whether the school records need to be corrected for the petitioner's date of birth, and if the decision by the 3rd respondent to deny the correction under applicable rules was justifiable.
Ratio Decidendi: The court held that adherence to Rule 69.2(i) of the Examination Bye Laws is mandatory, necessitating the correction of school records before any changes could be made to the date of birth.
Final Decision: The writ petition is disposed of with directions for correction of school records and subsequent action by the CBSE.
J U D G M E N T
The petitioner is seeking to quash the proceedings of the 3rd respondent, refusing to correct his date of birth. The date of birth recorded in the school records is 05.04.1990 instead of the correct date of birth, 06.04.1990. It is submitted that the mistake was noticed only later and Ext.P2 is a true copy of the Birth Certificate obtained from the Grama Panchayath.
2. In Ext.P3 communication, it is mentioned that under Rule 69.2(i) of the Examination Bye Laws , the date of birth corrections shall be considered, only in accordance with the school records.
3. Heard both sides. Learned Standing Counsel for the Central Board of Secondary Education (CBSE) submitted that the rejection is supportable in the light of Rule 69.2(i) of the Examination Bye Laws as the corrected school records have not been forwarded to the 3rd respondent.
In the light of the above, fresh action will be taken by the
2nd respondent and for enabling the 2nd respondent to take appropriate action, Ext.P3 will stand set aside. There will be a direction to the 2nd respondent to forward the required papers to the 3rd respondent after correcting the school records for final action by the CBSE. Appropriate steps will be taken within a period of one month from the date of receipt of a certified copy of this judgment and there will be a further direction to the 3rd respondent to complete all the formalities within a period of eight weeks thereafter. It is open to the 3rd respondent to verify the genuineness of the Birth Certificate from the additional 4th respondent Panchayath.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR JUDGE smp
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