IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF JUNE 2021/11TH JYAISHTA, 1943
WP(C) NO. 8763 OF 2021
PETITIONER:
0
MUHAMMED SUFAID K., AGED 30 YEARS,
S/O.KUNHIMOIDU, CHERIKKAL PARAMBATH,
FATHIMA MANZIL, P.O. KUTHUPARAMBU, PIN-670643.
BY ADVS.
SHERRY J. THOMAS
SRI.JOEMON ANTONY
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS DIRECTOR,
"SHIKSHA KENDRA", 2, COMMUNITY CENTRE,
PREET VIHAR, DELHI-110 092.
2 TH REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUATION,
PLOT NO.1630 A J BLOCK, 16TH MAIN ROAD
ANNA NAGAR WEST, CHENNAI-600 040.
3 REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION,
NEAR LIC, PATTOM, THIRUVANANTHAPURAM,
KERALA-695 004.
4 THE PRINCIPAL, SREE NARAYANA
ENGLISH MEDIUM HIGH SCHOOL,
KUTHUPARAMBA-670 643.
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.8763/2021
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 1st day of June, 2021 The petitioner passed out from the 4th respondent- School affiliated to the 1st respondent-CBSE, in the year 2008. The date of birth and name of the father of the petitioner was erroneously noted in the CBSE certificate and mark list. The petitioner would state that his actual date of birth is "09.06.1991", whereas it is wrongly noted as 11.06.1991 in the CBSE certificate and mark list. Similarly, the name of the father of the petitioner is wrongly entered as Moidhu CPK instead of "C.P.K. Moidhu".
2. The petitioner approached the 4 th respondent- School authorities to correct the wrong entries in the certificate/mark list. The petitioner earlier filed W.P.(C) No.4926/2021 challenging the non-consideration of the application for correction of date of birth and name of the WP(C) No.8763/2021 :3 : father. Pending the said writ petition, the 2 nd respondent- Regional Officer of CBSE rejected the petitioner's application. The said rejection is under challenge in this writ petition.
3. The learned counsel for the petitioner would urge that if the original entry does not tally with the records submitted by the applicant, then the correction need to be effected and it has been so held by this Court in Chandrika v. State of Kerala [2010 (1) KHC 132]. This Court also held that the question of correction of date of birth in the school records need to be considered sympathetically. The petitioner therefore seeks to set aside Ext.P7 rejection order passed by the 2nd respondent and to direct the 2 nd respondent to effect the correction of date of birth and the name of the father of the petitioner.
4. Respondents 1 to 3 filed a counter statement. In the counter statement, respondents 1 to 3 stated that the correction in the date of birth and of the name of the parents of candidates are governed by Bye-law 69.1(ii). As per the Bye-law as it stands now, corrections that could be carried out WP(C) No.8763/2021 :4 : are only typographical and other errors, to make the certificates consistent with the school records. The application of the petitioner suffers from a delay of 13 years and the delay is not explained. A Division Bench of this Court has held in Subin Mohammed S. v. Union of India and others [2016 (1) KLT 340] that the CBSE is not obliged to correct the name of a candidate or parents merely for the reason that a different name is shown in the extract of birth certificate. The writ petition is therefore without merit and is liable to be dismissed, contended the Standing Counsel for respondents 1 to 3.
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 to 3.
6. The application of the petitioner is to correct the date of birth entered in the CBSE certificate and mark list, as also the name of the father of the petitioner. The difference in the date of birth as it exists in the CBSE certificate and sought to be corrected by the petitioner, is only of two days. Similarly, the petitioner only seeks to correct the name of his father as "C.P.K. Moidhu", instead of Moidhu CPK. These are only WP(C) No.8763/2021 :5 : inadvertent typographical errors. Retaining such wrong entries in the certificates/mark list is likely to affect the career of the petitioner. In the circumstances, this Court is of the considered view that the certificates issued to the petitioner and the mark list, should be corrected in the interest of justice.
In the circumstances, the writ petition is disposed of directing the respondents to correct Ext.P1 mark list and Ext.P2 certificate, by reconsidering Ext.P5 application of the petitioner. To enable the respondents to make such corrections, Ext.P7 rejection order of the Regional Officer, is set aside. The petitioner is directed to pay ₹5,000/- to the 1 st respondent towards administrative expenses which may be incurred in carrying out such corrections. Respondents 1 to 3 shall effect such corrections within a period of one month from the date of payment of ₹5,000/- by the petitioner. The petitioner should be issued with corrected copies of mark list and certificate.
Sd/-
N. NAGARESH, JUDGE aks/02.06.2021 WP(C) No.8763/2021 :6 : APPENDIX OF WP(C) 8763/2021 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE MARK LIST OF CBSE
SECONDARY SCHOOL EXAMINATION DATED
27/05/2008.
EXHIBIT P2 THE TRUE COPY OF THE CERTIFICATE OF CBSE
SECONDARY SCHOOL EXAMINATION DATED
27/05/2008.
EXHIBIT P3 THE TRUE COPY OF THE BIRTH CERTIFICATE
DATED 22/12/2020 WHICH SHOWS THE ORIGINAL DATE OF BIRTH AS 09/06/1991 ISSUED BY THE LOCAL BODY.
EXHIBIT P4 TRUE COPY OF THE PASSPORT, BEARING NO.
U2872236.
EXHIBIT P4 A THE TRUE COPY OF THE AADHAR CARD ISSUED BY THE GOVERNMENT OF INDIA BEARING NO.8260 9475 9196.
EXHIBIT P4 B THE TRUE COPY OF THE LICENSE DATE 22/08/2009.
EXHIBIT P4 C THE TRUE COPY OF THE PAN CARD BEARING NO.
CMBPM 8217Q.
EXHIBIT P5 THE TRUE COPY OF THE FORWARDING LETTER GIVEN BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 25/01/2021.
EXHIBIT P5 A THE TRUE COPY OF THE APPLICATION FOR CORRECTION IN DATE OF BIRTH ATTACHED WITH EXHIBIT P5.
EXHIBIT P5 B THE TRUE COPY OF THE APPLICATION FOR CORRECTION IN FATHERS NAME ATTACHED WITH EXHIBIT P5.
EXHIBIT P6 THE TRUE COPY OF THE APPLICATION EXTRACT FOR ADMISSION IN SCHOOL.
EXHIBIT P7 THE TRUE COPY OF THE ORDER OF 1ST RESPONDENT DATED 18/03/2021.
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