FRIJO XAVIER Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) Appeals are filed by the writ petitioners challenging the judgments of the learned Single Judge in W.P. (C) Nos.1044 of 2020 and 1408 of 2020 dated 5.3.2020, whereby a learned Single Judge dismissed the writ petitions holding that on account of the inordinate delay occasioned by the writ petitioners in approaching the Central Board of Secondary Education, hereinafter called, 'CBSE', seeking correction of date of birth, which delay is not satisfactorily explained even in the writ petitions, the impugned orders viz., Exts.P3 and P4 dated 16.10.2019 and 17.12.2019 respectively does not require any interference. Since the subject matter is one and the same and the issue is materially connected, we have heard them together on agreement and propose to pass this common judgment.

(2.) In writ appeal No.681/2020, appellant completed the Secondary School of Education from Christu Jyothi English Medium School, Chullimanoor, Thiruvananthapuram and passed the examination in the year 2010. According to the appellant, there was an inadvertent mistake on the part of parents of the appellant in furnishing the date of birth of the appellant as 2.4.1995 instead of 2.3.1994. It is the case of the appellant that even after completion of the course, there was no opportunity to realise the mistake in the register. However, at a later point of time, the mistake was realised and thereupon appellant applied for correction of date of birth in terms of the birth certificate issued by the Registrar of Births and Deaths as per the provisions of the Registration of Births and Death Act, 1969 and the State Rules, 1999 and it was declined as per Ext.P3 order dated 16.10.2019. These were the basic facts projected by the appellant in the writ petition.

(3.) In writ appeal No.779 of 2020 appellant was a student of Bharatiya Vidya Bhavan Senior Secondary School, Kodunganoor, Thiruvananthapuram and in the X standard certificate issued by the CBSE date of birth is shown as 25.5.1991, whereas as per the birth certificate issued by the statutory authority under the Act, 1969 and the Rules, 1999, it is 25.12.1989. It is the case of the appellant that though the mistake was not realised immediately, on realisation of the mistake, an application was submitted before the Board, which was declined as per Ext.P4 order dated 17.12.2019.