Niyas Marakar vs The Central Board of Secondary Education, Union of India and Niyas Marakar

T.R. Ramachandran Nair, J.—The petitioner is seeking for a direction to the respondents 1 and 2 to effect the required correction with regard to the date of birth of the petitioner as reflected in the Birth Certificate Ext. P1. The facts necessary for the disposal of the writ petition are the following. The petitioner was a student in Standard X in Nava Nirman Public School, Vazhakkala namely, additional 4th respondent. He appeared for the All India Secondary School Examination 2007 and has completed the Plus Two studies from Jama-Ath Residential Public School, Thrikkakara during the year 2009 and is now studying for B.Tech in S.N.M College of Engineering, Moothakunnam.

It is averred in the writ petition that there is a mistake in the mark sheet issued by the Central Board of Secondary Education (CBSE) with regard to the date of birth. Ext. P2 is the copy of the said mark sheet. Therein, the date of birth of the petitioner is entered as 27.05.1991 whereas the correct date of birth is 27.09.1991.

The averments in paragraph 4 of the writ petition show that along with the application for correction of date of birth namely, Ext. P3, the petitioner has produced Exts. P1 and P2 before the 2nd respondent. Aggrieved by the delay in the matter, this writ petition is filed.

Learned Standing Counsel for the CBSE submitted that the relevant provisions of the bye laws have been amended by providing five years from the date of passing of the examination. In that view of the matter, the application of the petitioner is well within time since Ext. P3 is dated 28.03.2012. As directed by this Court, the petitioner has impleaded the school as additional 4th respondent. Learned Standing Counsel for the CBSE submitted that the petitioner will have to correct the entry through the school and then forward the same to the 2nd respondent for making proper endorsement.

In that view of the matter, the 2nd respondent will return back the records to the petitioner for enabling the petitioner to file a proper application before the school. Since the petitioner has already filed an application as per Ext. P3, it is declared that the application is within time and the fresh application will be treated as supplementary to the application Ext. P3. Appropriate action will be taken by the 2nd respondent and the additional 4th respondent so as to effect correction expeditiously. It is open to the 2nd respondent to verify the genuineness of the Birth Certificate from the local authorities concerned.

This writ petition is disposed of as above.