WP(C).17362/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 17362 OF 2022
PETITIONER/S:
TESSY MATHEW
AGED 25 YEARS
W/O TOMY T. MATHEW, RESIDING AT KUZHIMANNIL
THEKKEL, CHUMATRA P. O., THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689103.
BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENT/S:
1 CENTRAL BOARD OF SECONDARY EDUCATION
(C.B.S.E). REGIONAL OFFICE, NO. 3, J BLOCK, 16TH
MAIN ROAD, ANNA NAGAR WEST, CHENNAI,
TAMILNADU, PIN- 600040, REPRESENTED BY CHAIRMAN.
2 CENTRAL BOARD OF SECONDARY EDUCATION
(CBSE) REGIONAL OFFICE, BLOCK - B, 2ND FLOOR, LIC
DIVISIONAL OFFICE CAMPUS PATTOM,
THIRUVANANTHAPURAM - 695004, REPRESENTED BY
CHAIRMAN.
3 BELIEVERS CHURCH RESIDENTIAL SCHOOL
ST. THOMAS NAGAR, KUTTAPUZHA P. O., THIRUVALLA,
PIN- 689103, REPRESENTED BY PRINCIPAL.
BY ADVS.
SRI.NIRMAL S., SC, CBSE
P.HARIDAS
BIJU HARIHARAN
SHIJIMOL M.MATHEW
P.C.SHIJIN
RISHIKESH HARIDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C).17362/22 2
V.G.ARUN, J.
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W.P(C).No. 17362 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The petitioner passed her Secondary School Examination and Senior Secondary School Examination from the 3 rd respondent School. In Exhibits P1 and P2 certificates the petitioner's name is entered as Rosamma T Mathew. Later the petitioner got her name changed as Tessy Mathew, as evidenced by Exhibit P3 Gazette notification. The new name is incorporated in petitioner's Aadhaar Card, Passport, PAN Card and Driving Licence. The petitioner is seeking a direction to 1 st and 2nd respondents to correct Exhibits P1 and P2 by entering her name as Tessy Mathew instead of Rosamma T Mathew.
2. Heard learned Counsel for the petitioner and the learned Standing Counsel for the CBSE.
3. Learned Counsel for the petitioner relied on Exhibit P3 public notice, to contend that the petitioner's name is bound to be corrected in Exhibits P1 and P2 certificates.
4. Learned Standing Counsel for the CBSE pointed out that the petitioner's request is highly belated and no acceptable explanation for the delay is offered by the petitioner. WP(C).17362/22 3
5. In reply, learned Counsel for the petitioner relied on the decision in Subin Mohammed v. Union of India and Others [2016 (1) KLT 340] to contend that even in cases where the request is belated, the correction ought to be allowed on the strength of public documents.
6. Having heard the learned Counsel on either side and having perused the documents, I am convinced that the petitioner's request for correction is liable to be allowed.
Accordingly, the writ petition is disposed of, directing the 3 rd respondent to forward necessary documents, including the originals of Exhibits P1 and P2 to respondents 1 and 2, within two weeks of receipt of a copy of this judgment. Once the necessary documents are received, respondents 1 and 2 shall correct the petitioner's name in the originals of Exhibits P1 and P2 within six weeks.
Sd/-
V.G.ARUN, JUDGE vgs WP(C).17362/22 4 APPENDIX OF WP(C) 17362/2022 PETITIONER EXHIBITS Exhibit P1 THE COPY OF CERTIFICATE /MARK SHEET ISSUED BY THE FIRST RESPONDENT C.B.S.E DATED 21.05.2012.
Exhibit P2 THE COPY OF MARKS STATEMENT SENIOR SCHOOL EXAMINATION OF THE PETITIONER, ISSUED BY THE SECOND RESPONDENT DATED 26.05.2014.
Exhibit P3 THE COPY OF GAZETTE NOTIFICATION OF GOVERNMENT OF KERALA DATED 02.11.2021. Exhibit P4 THE COPY OF RELEVANT PAGES OF THE PASSPORT NO. V 6839304 DATED 21.03.2022 ISSUED FROM THE PASSPORT OFFICE COCHIN. Exhibit P5 THE COPY OF DRIVING LICENSE ISSUED FROM THE REGIONAL TRANSPORT AUTHORITY, THIRUVALLA DATED 10.10.2019.
Exhibit P6 THE RELEVANT PAGE OF PAN CARD NO.
GDVPM5203B ISSUED BY THE INCOME TAX DEPARTMENT OF UNION OF INDIA.
Exhibit P7 THE COPY OF AADHAR CARD NO. 9685 6699 9031 OF THE PETITIONER.
Exhibit P8 THE COPY OF LETTER SENT BY THE PETITIONER TO THE THIRD RESPONDENT DATED 13.05.2022, ALONG WITH POSTAL RECEIPT.