The petitioner who appeared for and passed the All India Secondary School Examination, 2007 held by the Central Board of Secondary Examination has filed this writ petition challenging Ext.P4 letter and seeking a writ in the nature of mandamus commanding the respondents to correct his date of birth in the school records and in the pass certificate/mark statement in conformity with Ext.P2 birth certificate.
2. The petitioner has averred that he was born on 27.7.1990, that his birth was registered on 31.7.1990 but due to an inadvertent mistake at the time of admission in the school his date of birth was given as 23.2.1992, that the said date happened to be entered in the pass certificates and mark statements issued by the Central Board of Secondary Examination, that though seeking a correction of the date of birth in the records, a request was made to the Regional Officer, Central Board of Secondary Examination, Chennai through the Principal of the school where the petitioner had undergone his studies, that request was rejected and the decision communicated by Ext.P4 letter dated 5.12.2013 on the ground that applications for correction of date of birth cannot be entertained after the expiry of the period of five years from the date of declaration of the results of the Class-X Examination. Relying on Ext.P2 extract from the register of births and deaths it is contended that the petitioner was born on 27.7.1990 and unless his date of birth is corrected in the school records as also in the mark statements/pass certificates issued by the Central Board of Secondary Examination, the disparity in the date of birth in the school records and in the birth certificate will cause hardship and difficulty to the petitioner at a later point of time and therefore, he is constrained to move this Court challenging Ext.P4 letter and seeking a writ in the nature of mandamus commanding the respondents to correct his date of birth in the school records and in the pass certificates/mark statements.
3. A Division Bench of this Court has in W.A.No.1948 of 2008 and connected cases held that irrespective of the time limit stipulated in the bye-laws of the Central Board of Secondary Education, even belated requests for correction of date of birth are liable to be considered on the merits. In the instant case, the petitioner passed out of the school in the year 2009. The application for correction of date of birth was made on 2013. The request for correction of date of birth in the school records is supported by an extract from the register of births issued by the Health Officer of Kozhikode Corporation who is also the Registrar of Births and Deaths of Kozhikode Corporation. In such circumstances, I am of the opinion that notwithstanding the stand taken by the second respondent in Ext.P4 letter, the petitioner is entitled to have his request reconsidered.
I accordingly allow the writ petition, quash Ext.P4 and direct the third respondent to verify the authenticity and genuineness of Ext.P2 extract from the register of births and deaths directly with the Registrar of Births and Deaths, Kozhikode Corporation and if Ext.P2 extract is found to be genuine, effect necessary corrections in the school records and forward a copy of the corrected records along with his report as also the original of Ext.P2 extract to the second respondent. This shall be done within one month from the date of receipt of a copy of this judgment. The petitioner shall in order to enable the third respondent to act as directed above, produce before him along with a copy of this judgment, Ext.P2 extract from the register of births. The second respondent shall upon receipt of the report from the third respondent, make necessary changes in the records maintained by the Central Board of Secondary Education and issue fresh mark statements and pass certificates to the petitioner on the petitioner surrendering the originals of the mark statements/pass certificates issued to the petitioner upon passing the All India Secondary School Examination, 2007/All India Senior School Certificate Examination, 2009. This shall be done within two months from the date of receipt of the report from the third respondent, subject to the petitioner surrendering the originals of the mark statements/pass certificates.
vpv Sd/-
P.N.RAVINDRAN JUDGE