Kerala High Court
K Emmanuel Thomas vs The Central Board Of Secondary ... on 11 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 10650 OF 2024
PETITIONER:
K EMMANUEL THOMAS
AGED 33 YEARS
S/O.K.T EMMANUEL,KAITHAVALAPPIL HOUSE,
ST.LOUIS'S CHAPEL ROAD,MUNDAMVELI,KOCHI,
ERNAKULAM, PIN - 682507
BY ADVS.
SHEEBA MARIAM. J.
ANUPAMA K.ALIAS
BINO V.MATHEW
ARUNDHATHY K. ALIAS
RESPONDENTS:
1 THE CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY IT'S CHAIRMAN,SHIKSHA
KENDRA,COMMUNITY CENTRE,PREET VIHAR,
DELHI, PIN - 110096
2 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION,
PLOT NO-1630A,J BLOCK,16TH MAIN ROAD,
ANNA NAGAR WEST,CHENNAI, PIN - 600040
3 THE PRINCIPAL
K.V NO.II,KATARI BHAGH,
NAVAL BASE,KOCHI, PIN - 682004
BY ADV SRI.NIRMAL S., STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.10650 of 2024
2
JUDGMENT
Dated this the 11th day of April, 2024 The petitioner has approached this Court seeking the following reliefs:
(i) To Issue a writ of Mandamus or any other appropriate writ, order, or direction, directing the 3 rd respondent to forward the corrected extract of the School register showing the date of birth of the petitioner as 16/3/1991 to the 2nd Respondent.
(ii) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondent No.2 to correct the date of birth of petitioner in the Grade Sheet cum certificate of Performance and Certificate of SSE 2007 in accordance with the birth certificate as 16/03/1991.
(iii) Any other reliefs which may be prayed for from time to time, in the interest of justice.
2. The petitioner states that the date of birth of the petitioner is 16.03.1991. However, the date of birth was erroneously recorded as 16.03.1992 in the CBSC records. For correcting the mistake in Ext.P2 Certificate issued by the CBSE, the petitioner submitted Ext.P3 application to respondents 2 and 3 with supporting documents. WP(C) No.10650 of 2024 3
3. The petitioner states that the 3 rd respondent has forwarded the application to the 2nd respondent and the same is pending. Delay in consideration of application for correction of date of birth would cause irreparable injury to the petitioner. Therefore, the petitioner prays that the 2 nd respondent may be directed to effect correction of date of birth of the petitioner.
4. Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel submitted that the date of birth was recorded in the CBSC records relying on the date of birth recorded in the school records.
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the 1st respondent.
6. It is not in dispute that at present, the correction of date of birth in CBSC records is governed by a Scheme framed by the Hon'ble Apex Court in the judgment in Jigya Yadav v. CBSC [2021 (3) KLT 711 (SC)]. In view of the detailed Scheme laid down by the Hon'ble Apex Court, it WP(C) No.10650 of 2024 4 would be only appropriate that the petitioner's application be considered in the light of the judgment of the Apex Court.
In the facts of the case, the writ petition is disposed of directing the 3rd respondent to forward necessary school records and other documents to the 2 nd respondent. On receipt of such documents and records from the 3rd respondent, the 2nd respondent shall effect the date of birth correction subject to the petitioner satisfying all other parameters, within a period of one month from the date of receipt of documents.
Sd/-
N.NAGARESH JUDGE spk WP(C) No.10650 of 2024 5 APPENDIX OF WP(C) 10650/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF ALAPPUZHA MUNICIPALITY Exhibit P2 THE TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF THE PETITIONER WITH S.NO. SSE/2007- 408617 AND ROLL NO.4124322 DATED 28/05/2007 ISSUED BY THE (CBSE) 1ST RESPONDENT Exhibit P3 -THE TRUE COPY OF APPLICATION DATED 11/10/2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT REQUESTING TO THE CORRECTION OF DATE OF BIRTH IN THE SECONDARY SCHOOL EXAMINATION (SESSION 2006-2007) MARKS STATEMENT CERTIFICATE OF K EMMANUEL THOMSON,ROLL NO.4124322