ARUN B RAJ Vs. ASSISTANT SECRETARY CENTRAL BOARD

JUDGEMENT

(1.) Petitioner was a student of the school of which the third respondent is the Principal. According to the petitioner, his Date of Birth was entered in the school records as 30-06- 1988 instead of 21-01-1988. Seeking correction of the date of birth, he made Ext.P3 application to the third respondent, which, according to the petitioner, was forwarded to the second respondent. Petitioner submits that the second respondent is declining to consider the application on the ground that in view of clause 69 of the CBSE Examination Bye-laws, the application made by the petitioner is belated. It is with this apprehension, this writ petition is filed, seeking direction to the third respondent to consider his application for correction of his date of birth.

(2.) As rightly pointed out by the learned counsel for the petitioner, in Exts.P4 to P6 and various other judgments, this Court has taken the view that irrespective of the time frame specified in clause 69 of the CBSE Examination Bye-laws, even if a belated application is received for correction of date of birth, the second respondent is bound to consider the request on merits and in the light of the documents produced.

(3.) Therefore, the application made by the petitioner cannot be rejected on the ground that it is belated. Clarifying the position as above and taking note of the submission of the petitioner that the application is now pending before the second respondent, this writ petition is disposed of, directing the second respondent to consider and pass orders on the application made by the petitioner. This, the second respondent shall do, at any rate, within six weeks from the date of production of a copy of this judgment. Petitioner to produce a copy of this judgment and writ petition before the second respondent for compliance.