IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 17542 OF 2021
PETITIONER/S:
AMAL DEV.V.,
AGED 25 YEARS
S/O I.VIJAYAN, 3C KRIPA, DAWSON VIHAR,
THYKOODAM, VYTTILA PO., ERNAKULAM-682 019.
BY ADVS.
M.R.SARIN
N.RENJU
RESPONDENT/S:
1 THE CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS SECRETARY, SIKSHA KENDRA-2,
COMMUNITY CENTRE, PREETHI VIHAR, NEW DELHI.
2 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE, PLOT NO.1630 A J BLOCK,
ANNA NAGAR WEST CHENNAI-600 040.
3 REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE, LIC BUILDING, B-BLOCK,
2ND FLOOR, THIRUVANANTHAPURAM-695 004.
4 JAWAHAR NAVODAYA VIDYALAYA,
KOTTARAKARA, KOLLAM, KERALA-691 531.
5 THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
KOTTARAKARA, KOLLAM-691 531.
6 THE ADICHANALOOR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY,
(REGISTRAR OF BIRTHS AND DEATH), KOLLAM-691 572.
BY ADVS.
SRI.NIRMAL S., SC, CBSE
K.SIJU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17542 OF 2021
2
MOHAMMED NIAS C.P., J
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W.P.(C) No.17542 of 2021
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Dated this the 29th day of April, 2022
JUDGMENT
The petitioner has approached this Court seeking a direction to the 2nd and 3rd respondents to consider and dispose of Ext. P3, which is filed seeking correction of the name which is wrongly entered in the certificates.
2. A statement has been filed by the learned Standing Counsel for CBSE pointing out that the petitioner had preferred Ext.P3 directly before the 2 nd respondent without following the requisite procedure for change of name as prescribed in the CBSE Bye-laws. It is also pointed out that the petitioner had passed the Secondary School Examination in the year 2009 and there is a delay of more than 12 years in applying for correction. The statement also relies on the judgment of the Apex Court in Jigya Yadav V, Central Board of Secondary Education (2021 (3) KLT 711) and in particular para WP(C) NO. 17542 OF 2021 3 171 in support of their contentions.
3. Having heard the learned counsel for the petitioner and the learned Standing counsel for the CBSE. I dispose of the writ petition directing the petitioner to file a fresh application for correction/change of his name before the 5th respondent within a period of three weeks from today, who then shall forward the same to the 2 nd respondent for appropriate action in accordance with directions issued in Jigya Yadav's case (Supra). The 2nd respondent will take a decision within a period of six weeks from the date of receipt of application from the 5 th respondent.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P., JUDGE LU WP(C) NO. 17542 OF 2021 4 APPENDIX OF WP(C) 17542/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE CUM GRADE SHEET ISSUED TO THE PETITIONER BY THE CONTROLLER OF EXAMINATION.
EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED TO THE 2ND RESPONDENT BY THE PETITIONER ON 10.04.2021.
// True Copy // PA To Judge