JUDGMENT : 1. The Writ Petition has been filed in respect of the petitioner’s grievance regarding the correction of the date of birth as entered in the school records and CBSE (Central Board of Secondary Education) records so as to be in consonance with the entry of his date of birth as shown in the statutory birth certificate. The prayers in this Writ Petition (Civil) are as follows: “i. Issue a writ of mandamus or other appropriate writ, order or direction commanding respondents 1 and 2 to correct the date of birth of the petitioner from 14.11.1995 to 06.09.1993 in the school records and CBSE records as sought for in Ext.P-3. ii. Issue appropriate order or direction, as this Hon’ble Court may deem fit and proper from time to time for this petitioner to attain the ends of justice.” 2. Heard Sri.Sunil Nair Palakkad, learned counsel appearing for the petitioner and Sri.S.Nirmal, learned Standing Counsel for the CBSE, appearing for respondents 1 and 2. In the nature of the order that is proposed to be passed in this petition, notice to R-3 (school) will stand dispensed with. 3. According to the petitioner, his date of birth has been correctly shown in Ext.P-2 birth certificate issued under the provisions of the Registration of Births & Deaths Act and the rules framed thereunder, as 6.9.1993 and the said birth was so registered on 13.9.1993. That inadvertently mistake had occurred while entering his date of birth in the school records, wherein it was wrongly shown as 14.11.1995. Consequently the said mistake has also been reflected in Ext.P-1 mark list dated 13.8.2013 issued by the respondent CBSE authorities. The petitioner has submitted Ext.P-3 petition dated 24.3.2018 before the 3rd respondent principal of the school for ensuring correction of his date of birth in the school records so as to be in consonance with Ext.P-2 birth certificate so that the petitioner could take next consequential steps for getting the date of birth corrected in the CBSE records as in Ext.P-1 mark list, etc. That Ext.P-3 application has not so far been considered. It is in the light of these factual averments, that the petitioner has filed the instant Writ Petition (Civil) with the aforementioned prayers. 4. That Ext.P-3 application has not so far been considered. It is in the light of these factual averments, that the petitioner has filed the instant Writ Petition (Civil) with the aforementioned prayers. 4. Sri.S.Nirmal, learned Standing Counsel for the CBSE appearing for respondents 1 and 2 would submit that the consistent norms being followed by the CBSE authorities is that the plea for correction of date of birth as shown in the CBSE records should be submitted within a period of one year from the publication of the results and that before that, the entry of date of birth should be duly corrected in the school records so as to carry out the necessary corrections in the CBSE records and that in the instant case, even going by the pleadings of the petitioner, his results consequent to Ext.P-1 mark list have been published on 13.8.2013 and his plea in Ext.P-3 made before the 3rd respondent is thus evidently belated and beyond the time limit stipulated in the CBSE norms. 5. From a perusal of Ext.P-2 birth certificate, it can be seen that the date of birth of the petitioner has been duly entered therein as 6.9.1993 and his birth has been so registered on 13.9.1993 as can be seen from Ext.P-2 birth certificate. If, as a matter of fact, the petitioner was actually born only on 14.11.1995, it could have been virtually impossible to get birth of such a child registered on 13.9.1993, which is prior to the abovesaid date. That aspect itself would give credence and reliability to the version of the petitioner that he was actually born on 6.9.1993 as shown in Ext.P-2 and not on 14.11.1995 as shown in the school records and in Ext.P-1, etc. Moreover, the statutory birth certificate as in Ext.P-2 will have the force of statutory presumption about its correctness. But what is standing in the way of the petitioner is essentially the norms stipulated by the CBSE authorities regarding the time limit for submission of such plea for correction. 6. There is yet another aspect of the matter that the petitioner has studied in 3rd respondent school which is situated in Gazipur in Uttar Pradesh and Ext.P-1 mark list has been issued by the Regional Office of the CBSE, Allahabad, Uttar Pradesh. 6. There is yet another aspect of the matter that the petitioner has studied in 3rd respondent school which is situated in Gazipur in Uttar Pradesh and Ext.P-1 mark list has been issued by the Regional Office of the CBSE, Allahabad, Uttar Pradesh. But it is very crucially it is to be borne in mind that the very material basis of the fulcrum of the petitioner’s contention is based on Ext.P-2 birth certificate, which has been issued by the statutory Registrar of Births & Deaths in the local authority at Koothuparamba, Kannur District within the State of Kerala. It is by now too well established that, on the basis of the dictum laid down by the judgment of Lord Esher Master of the Rolls in the celebrated case in Read v. Brown reported (1888 (22) QBD 128), which has been followed by the Apex Court and various High Courts, that the “cause of action” refers to every fact, which it would be necessary for the plaintiff to prove, if traversed, in order to support his right to the judgment of the court and it does not comprise very piece of evidence which is necessary to prove each fact, but every fact which is necessary to be proved. Therefore, going by the said test, the very basis of the petitioner’s claim depends on proof regarding the correctness or otherwise of Ext.P-2 birth certificate which has been issued by the Registrar, who is situated within the territorial limits of the State of Kerala. Hence certainly a vital part of the cause of action in relation to the abovesaid grievance of the petitioner as disclosed in this Writ Petition has arisen within the territorial limits of this State. As per the provisions contained in Clause (2) of Art.226 of the Constitution of India, the power conferred under clause (1) under Art.226 to issue writs, directions or orders to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories. Clause (2) of Art.226 of the Constitution of India provides as follows: “Article 226: Power of High Courts to issue certain writs. (1) ..... Clause (2) of Art.226 of the Constitution of India provides as follows: “Article 226: Power of High Courts to issue certain writs. (1) ..... (2) The power conferred by clause (1) to issue directions, orders or writs to any Government, authority or person may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories.” 7. It is also brought to the notice of this Court in similar cases, the schools where the petitioner student had studied and the Regional officer CBSE were situated out side the limits of the State of Kerala, this Court has entertained such pleas in cases as in W.P.(C).No.7032/2018 and such other similar cases. Hence this Court of the view that the prayer made by the petitioner could be considered on merits, by this Court in exercise of its discretion. 8. A Division Bench of this Court in the decision in Subin Mohammed v. Union of India, reported in ( 2016 (1) KLT 340 ), has also held in para 39 thereof that while considering a petition filed under Article 226 of the Constitution of India seeking correction of date of birth in the CBSE records beyond the time period permitted by that authority, it is always open for the Court exercising powers under Article 226 of the Constitution of India to pass appropriate orders taking into account the facts and circumstances of each case and also taking into consideration the extenuating aspects that future prospects of the candidates, who intend to study or to get employment abroad will be prejudicially affected, if the entry of the date of birth in the mark sheet does not tally with that in the birth certificate. Accordingly the Division Bench in Subin Mohammed’s case (supra) reported in 2016 (1) KLT 340 has issued the following directions in paras 39 & 41, which read as follows: “39. It is contended that the future prospects of the petitioners to study or get employment abroad, will be substantially affected if the entry of date of birth in the mark sheet does not tally with that in the birth certificate. It is contended that the future prospects of the petitioners to study or get employment abroad, will be substantially affected if the entry of date of birth in the mark sheet does not tally with that in the birth certificate. Though a writ of mandamus cannot be issued in the strict sense, we are of the view that, failure to exercise jurisdiction may put the petitioners to serious hardship. Hence, to render justice, it is always open for the Court to pass appropriate orders, taking into account the facts and circumstances of each case. However, if disputed questions of fact arises, it will not be appropriate for this Court to entertain the matter. 40. xxx xxx xxx 41. Hence, to meet the ends of justice, it will be appropriate for this Court to dispose the Writ Petitions with the following directions: (i) That CBSE shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine. (ii) Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, CBSE may deem it fit. (iii) CBSE can demand in advance a consolidated fee, including all expenses for processing such applications. (iv) Each of the petitioners shall pay Rs.5,000/- (Rupees Five thousand only) as cost to CBSE within a period of one month.” Further, this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017 has issued the following directions in para 4 thereof, which reads as follows: “4. Having regard to the facts and circumstances of the case, as also the submissions made by the learned counsel on either side, the writ petition is disposed of as follows: (i) The concerned authority of the school in which the petitioner has studied shall correct the name of the petitioner entered in the school records based on her birth certificate and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of a copy of this judgment. (ii) The CBSE shall carry out the correction sought by the petitioner based on the birth certificate and the corrected school records, on payment of Rs.5000/-, within two months thereafter.” The above said judgments have been followed in series of cases by this Court while entertaining applications under Article 226 of the Constitution of India for directions in the matter of correction of date of birth in the CBSE records. 9. Accordingly, taking into account the directions issued by the Division Bench of this Court in Subin Mohammed’s case (supra) reported in 2016 (1) KLT 340 as well as the directions issued by this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017, it is ordered that the matter requires consideration afresh at the hands of the respondents. 10. Moreover, it is pointed out by the petitioner that his father was then employed in Gazipur and hence so the petitioner was constrained to study in Gazipur and now the petitioner is permanently residing in Kerala and for submitting his application for issuance of passport, he has been advised that the date of birth in the CBSE records should be corrected so as to be in consonance with the birth certificate. In the facts and circumstances disclosed in this petitioner, discretionary jurisdiction conferred on this Court under Art.226 could exercised in this case. Accordingly, it is ordered that the petitioner may make an application before the 3rd respondent school seeking correction of his date of birth so as to get it corrected in tune with Ext.P-2 birth certificate issued by the Registrar of Births and Deaths. Upon receipt of such application requesting for correction of date of birth as entered in the school records as well as in the CBSE records, the Principal of the 3rd respondent school will make necessary changes/alterations in the school records so as to show the petitioner’s date of birth as 6.9.1993 as certified in Ext.P-2 birth certificate and will forward the application and the papers to the regional office of the 2nd respondent CBSE at Allahabad. Upon receipt of the papers in that regard, the competent authority of the 2nd respondent CBSE will ensure that the date of birth of the petitioner as entered in the CBSE records and marklists are changed so as to show it correctly as 6.9.1993 in tune with Ext.P-2 birth certificate. Upon receipt of the papers in that regard, the competent authority of the 2nd respondent CBSE will ensure that the date of birth of the petitioner as entered in the CBSE records and marklists are changed so as to show it correctly as 6.9.1993 in tune with Ext.P-2 birth certificate. The entire process in that regard should be completed by the respondents without much delay, preferably within a period of two months from the date of production of a certified copy of this judgment. However, these directions will be subject to the condition that the petitioner should pay cost of Rs.5,000/- (Rupees five thousand only) as demand draft in favour of the competent authority to the 2nd respondent CBSE, and the demand draft should be paid within two weeks from the date notified for receiving the certified copy of this judgment. The said demand draft should be sent to the 2nd respondent along with certified copy of the judgment and also the formal application of the petitioner seeking correction of date of birth in the CBSE records. The petitioner shall produce a photocopy of the said demand draft along with his application to the 3rd respondent School seeking correction of date of birth in the school records. Thereupon, the 3rd respondent school authority will ensure that the correction is effected in the school records regarding the date of birth so as to be in consonance with Ext.P-2 birth certificate and thereafter, the intimation in that regard should be forwarded by the Principal of the 3rd respondent school to the competent authority of the 2nd respondent CBSE, Regional Office, Allahabad, upon which the 2nd respondent will take necessary steps to ensure that the date of birth of the petitioner as shown in the CBSE records should be corrected so as to be in consonance with the entry in Ext.P2 birth certificate. Steps in that regard should be duly completed by the respondents within two months from the date of receipt of the application along with the demand draft. In case the petitioner does not pay the cost amount by way of demand draft to the 2nd respondent within the above said time limit, the above said directions will stand automatically vacated without any further orders from this Court. With these observations and directions, the Writ Petition (Civil) stands finally disposed of.