High CourtsSingle Bench(2011) 11 KL CK 0039

Nandagopal S., Mgn-20C, M.G. Nagar vs Union of India and Others

High Court Of Kerala · Decided on 14 November 2011

HON’BLE JUDGES
Antony Dominic, J
CASE NUMBER
WP (C) . No. 1093 of 2011 (J)

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Judgment

6 paragraphs · 267 words

Antony Dominic

1.

According to the petitioner he was the student of the Christ Nagar Higher Secondary School, Kowdiar, Thiruvananthapuram, affiliated to the 2nd respondent. It is stated that in the school records his date of birth was entered as 5.3.1991 instead of 5.3.1990. Seeking correction of the aforesaid mistake, he made an application which was eventually rejected by Ext.P5 order. It is challenging Ext.P5 that this writ petition is filed.

2.

I heard the counsel for the petitioner, standing counsel appearing for the respondents 2 and 3 and the standing counsel appearing for the 5th respondent. The main reason stated in Ext.P5 order of rejection is that the application for correction ought to have been made within one year of passing ICSE examination and that the application is belated.

3.

In several cases of this nature, this court has held that, in spite of the rules of the 2nd respondent, even if an application for correction of date of birth is received belatedly, such application is liable to be considered on merits. Since the rejection of the petitioner''s request as per Ext.P5 is contrary to the judgments of this court, Ext.P5 is liable to be quashed and I do so.

4.

Respondents 2 and 3 are directed to reconsider the application made by the petitioner for correction of his date of birth in the light of the documents produced, as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment along with a copy of the writ petition.

Writ Petition is disposed of as above.