LAWS(KER)-2009-11-247

PRAJEESH P V, S/O A VIJAYAN Vs. CENTRAL BOARD OF SECONDARY EDUCATION; JOINT SECRETARY; PRINCIPAL, SAINIK SCHOOL

Decided On November 16, 2009
PRAJEESH P V, S/O A VIJAYAN Appellant
V/S
CENTRAL BOARD OF SECONDARY EDUCATION; JOINT SECRETARY; PRINCIPAL, SAINIK SCHOOL Respondents

JUDGEMENT

(1.) Heard Sri. Manoj P.Kunjachan, the learned counsel appearing for the petitioner and Sri. T.Ramaprasad Unni, the learned standing counsel appearing for respondents 1 and 2. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to or hear the third respondent.

(2.) The petitioner was a regular student of the Sainik School, Kazhakoottam. He appeared for the All India Secondary School Examination, 2005 conducted by the Central Board of Secondary Education. The petitioner passed the said examination. Thereupon Ext.P3 mark statement and Ext.P4 pass certificate were issued to him. In the school records the petitioner's date of birth is shown as 30.5.1990. Therefore in Exts.P3 and P4 the said date of birth was entered. According to the petitioner, he was born on 4.3.1989 and his birth was registered with the Registrar of Births of Ponnani Municipality. Reliance is placed on Ext.P1 birth certificate in support of the said contention. The petitioner thereupon moved the third respondent to have the date of birth corrected in the school records and in the pass certificate and mark statement. The Principal declined to take any action in the matter. This writ petition was thereupon filed seeking a direction to the respondents to correct the petitioner's date of birth in Exts.P3 and P4.

(3.) Previously, as per the regulations of the Central Board of Secondary Education the date of birth in the pass certificate and mark statement can be corrected only within a period of two years from the date of publication of the results of the 10th standard examination. The learned standing counsel appearing for the Central Board of Secondary Education submits that the Board has decided to waive the said time limit in cases where the birth is registered under the law governing registration of births. He submits that if the petitioner returns the original of Exts.P3 and P4 along with a certified extract from the register of births and deaths maintained by Ponnani Municipality, before the Regional Officer, Central Board of Secondary Education, Chennai, accompanied by a certified copy of this judgment, the said officer will issue a fresh pass certificate and mark statement showing the date of birth as entered in the birth certificate. In the light of the said submission, I dispose of this writ petition with a direction that in the event of the petitioner returning the originals of Exts.P3 and P4 along with a certified extract from the register of births and deaths before the Regional Officer, Central Board of Secondary Education, Chennai, accompanied by a certified copy of this judgment, the said officer shall issue a revised mark statement/pass certificate to the petitioner showing the date of birth as entered in the birth certificate. This shall be done within two weeks from the date on which the petitioner returns the originals of Exts.P3 and P4 before the said officer.