LAWS(KER)-2010-10-309

SIDDHARTH SURESH Vs. CENTRAL BOARD OF SECONDARY EDUCATION

Decided On October 20, 2010
SIDDHARTH SURESH,SREE LAKSHMI Appellant
V/S
CENTRAL BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

(1.) PETITIONER was a student of the school of which the third respondent is the Principal. By Ext.P5, petitioner applied to the third respondent for correction of his Date of Birth, which, according to the petitioner, has been entered in the school records as 30-09-1991 instead of 30-09-1992. On receipt of Ext.P5, the third respondent issued Ext.P6, stating that, since the application has been made after a period of two years specified in clause 69 of the CBSE Examination Bye-laws, the same cannot be forwarded to the second respondent. It is aggrieved by Ext.P6, this writ petition has been filed.

(2.) AS rightly pointed out by the learned counsel for the petitioner, in Ext.P7 and various other judgments, this Court has held that, even if an application has been received beyond the time specified in clause 69 of the CBSE Examination Bye-laws, the authorities are bound to consider the same on merits. In that view of the matter, the stand taken by the third respondent in Ext.P6 cannot be sustained. Therefore, this writ petition is disposed of, directing that on the production of a copy of this judgment, the third respondent shall forward the application made by the petitioner along with other records to the second respondent, who, on receipt thereof, shall consider the application and pass appropriate orders thereon. This, the second respondent shall do, at any rate, within six weeks from the date of production of a copy of this judgment.