IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 10162 OF 2022
PETITIONER/S:
DUFRIN KARVALIO,AGED 33 YEARS
D/O.EDWIN KARVALIO, KARIYIL HOUSE
NARAKKAL P.O., ERNAKULAM,PIN-682505
BY ADVS.
SMT.NAMITHA JYOTHISH
SRI.MANU.G.RAJAN
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY SECRETARY TO
GOVERNMENT, MINISTRY OF HUMAN RESOURSE DEVELOPMENT
NEW DELHI - 110001
2 SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL ORFICE, 16TH MAIN ROAD, ANNA NAGER(WEST)
CHENNAI - 600 040
3 PRINCIPAL, TALENT PUBLIC SCHOOL
AFFILIATED TO CBSE (AFFILIATIEON NO.930390)
NARAKKAL, ERNAKULAM -682505
4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY, GENERAL EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
5 DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL
OFFICE
NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM -682001
BY ADVS.
SRI.MANU S., ASG OF INDIA
SRI.NIRMAL S,SC,CBSE
SR.GP:SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10162 OF 2022 -2-
SATHISH NINAN, J.
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W.P.(C) No.10162 OF 2022
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Dated this the 20th day of May, 2022
J U D G M E N T
The request of the petitioner for correction of date of birth in the school records and the records of the Central Board of Secondary Education (CBSE), is pending consideration before the 2nd respondent. The petitioner seeks for a direction for expeditious consideration of the same.
2. Heard the learned counsel for the petitioner and Sri.Nirmal S., the learned standing counsel for the Board.
3. According to the petitioner, her date of birth is 02.03.1989, but has been erroneously recorded in the school records as 02.03.1990. The petitioner relies on Ext.P1 birth certificate issued by the Registrar of Births and Deaths, Kuzhuppilly Grama Panchayat and Ext.P2 Passport to substantiate the same.
WP(C) NO. 10162 OF 2022 -3-
4. The petitioner completed her 10th standard in the year 2005. She seeks for correction of the school records only at this distance of time. According to the petitioner, she is a Nursing graduate and the mistake was noticed only recently when preparations were being made for a foreign assignment.
5. The right of a student of the Board to seek for correction/change of the particulars in the school records and the certificates issued by the Board has been dealt with exhaustively by the Apex Court in Jigya Yadav v. CBSE [2021 (3) KLT 711 (SC)]. The situations were divided into two categories namely, where "correction" is sought and, where "change" is sought. Under the category of "corrections" the Apex Court included cases where the certificates issued by the Board were required to be made consistent with the particulars mentioned in the school records. In the category of "change" of particulars, two situations were WP(C) NO. 10162 OF 2022 -4- contemplated-firstly, where by the records of the Board provide particulars different from that provided in public documents like birth certificate, aadhar card, election card etc. and secondly, a case of request for change of name consequent to the acquisition of a name by choice at a later point of time.
6. In the case at hand, the issue involved relates to "change" of particulars in the certificate issued by the CBSE to make it consistent with public documents and hence would fall within the first classification, of the second category. With regard to the said cases, the Apex Court observed that the legal presumption in relation to public documents as envisaged in the Indian Evidence Act, 1872 cannot be ignored by the Board. It was accordingly held that, request for effecting such changes in the certificates issued by the Board, to make it in conformity with the public documents, could be entertained. It was further observed by the Apex Court that the Board WP(C) NO. 10162 OF 2022 -5- is entitled to impose reasonable conditions while considering such request. The conditions observed by the Apex Court are:-
(a) An affidavit containing a declaration and an undertaking to indemnify the Board.
(b) Payment of fee for administrative expenses.
(c) The Board may in a given case, depending on the facts, require effecting of public notice and publication in the official gazette.
(d) Require surrender of the original certificate.
(e) A fresh certificate issued may contain disclaimer and caption/annotation against the original entry. (Except in respect of change of name effected in exercise of 'right to be forgotten'.)
7. While it is true that there has been delay on the part of the petitioner in seeking for the "change", the explanation offered by the petitioner could be accepted especially WP(C) NO. 10162 OF 2022 -6- considering her age. Hence, I am of the opinion that the petitioner's request is liable to be considered.
8. Accordingly it is ordered that, on the petitioner submitting a fresh application for change of date of birth through the third respondent school on complying with the requirements as above, then the Regional Officer of the 2nd respondent, Central Board of Secondary Education, Chennai shall consider the same in the light of the judgment of the Apex Court referred to supra. Let orders be passed within a period of two months.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN JUDGE sd WP(C) NO. 10162 OF 2022 -7- APPENDIX OF WP(C) 10162/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE KUZHIPPILLY PANCHAYAT.
EXHIBIT P2 TRUE COPY OF THE PASSPORT OF THE PETITIONER EXHIBIT P3 TRUE COPY OF CLASS X CERTIFICATE DATED 24.05.2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 06.12.2021 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 25.01.2022 PASSED BY THE 4TH RESPONDENT EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04.02.2022 PASSED BY THE 5TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE REQUEST LETTER DATED NIL SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT