The writ petition is filed by the petitioner seeking to quash the proceedings of the first respondent, Ext.P11, refusing to correct the school records by entering the correct date of birth.
2. In Ext.11 communication issued by the first respondent, it is mentioned that the date of birth correction shall be considered only in accordance with the school records. The petitioner joined the third respondent's school after getting transfer from the Government Higher Secondary School, Bharathannur and Ext.P4 is the copy of the Transfer Certificate. Therein, the date of birth is shown as 20.5.1993 which was carried in the application, Ext.P5 submitted before the third respondent also. It is clear from All India Secondary School Examination Certificate, Ext.P7 and the marks statement Ext.P8 that the date of birth is shown as 20.5.1993. The correct date of birth of the petitioner is 20.10.1991, as is clear from the Birth Certificate issued by the Corporation of Thiruvananthapuram, a copy of which is produced as Ext.P9. Thus, it is submitted that there is a mistake in the date of birth of the petitioner and W.P.(C).No.18916/2012 -2- hence Exts.P7 and P8 are liable to be corrected. Ext.P10 is the application submitted in the form prescribed, before the third respondent Principal. This was forwarded by the Principal to the first respondent.
3. Heard learned Senior Counsel for the petitioner and learned Standing Counsel appearing for the Central Board of Secondary Education.
4. Learned Senior Counsel for the petitioner submitted that the date of birth has to be corrected in the school records and the extract of the Birth Register ought to have been relied upon. Learned Standing Counsel for the CBSE submitted that actually going by the bye-laws, the corrected school records have to be forwarded by the Principal to the Board.
5. In Ext.P10, in column 12 the Principal has recommended the correction after pointing out that the parents have furnished incorrect date of birth. Learned Standing Counsel for the Board submitted that the first respondent can act only in terms of the school records and the Principal has to forward Exts.P7 and P8 after correction in the school records, for enabling the first respondent to enter the correction in their records.
6. The reason stated in Ext.P11 is that as per Rule 69.2(1) of the Examination Bye-laws, date of birth corrections shall be considered only in accordance with school records and on verification of the school records, it W.P.(C).No.18916/2012 -3- is found that the date of birth has been printed as per school documents.
7. In the light of the above, Ext.P11 is quashed. The application will be resubmitted by the petitioner to the third respondent who will forward the same after correcting the entries regarding date of birth in Exts.P7 and P8 along with the corrected school records, to the first respondent for action at their end, so as to enter the correction. The correct date of birth as reflected in the birth register will be entered. The same shall be done within a period of one month from the date of production of a certified copy of this judgment and thereafter the first respondent will take further action within a period of two months.
The petitioner will forward a certified copy of this judgment to the first respondent for compliance. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE) kav/