Karnataka High Court

Kum. Anum Fathima Sheik vs The State Of Karnataka on 5 August, 2024

Author: S.R.Krishna Kumar

Bench: S.R.Krishna Kumar

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                                                               NC: 2024:KHC:30930
                                                            WP No. 19600 of 2024




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 5TH DAY OF AUGUST, 2024

                                                BEFORE
                           THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
                             WRIT PETITION NO. 19600 OF 2024 (EDN-RES)
                   BETWEEN:

                   KUM. ANUM FATHIMA SHEIK
                   SINCE MINOR REP BY HER NATURAL
                   GUARDIAN AND FATHER
                   MR S MOHAMED YUNUS SHEIK
                   AGED ABOUT 53 YEARS
                   RESIDING AT NO.A 4
                   CHARTERED ALCOVE APARTMENT
                   NO.8 ALBERT STREET,
                   RICHMOND TOWN
                   BANGALORE 560 025.
                                                                       ...PETITIONER
                   (BY SRI. V. LAKSHMINARAYANA, SENIOR COUNSEL FOR
                       SRI. CHANDPASHA, ADVOCATE)

                   AND:

                   1.     THE STATE OF KARNATAKA
                          REP BY ITS SECRETARY
Digitally signed          DEPARTMENT OF PRIMARY AND SECONDARY
by                        EDUCATION M S BUILDING
LEELAVATHI S              BANGALORE 560 001.
R
Location: HIGH     2.     THE CHAIRMAN
COURT OF                  COUNCIL FOR THE INDIAN SCHOOL
KARNATAKA
                          CERTIFICATE EXAMINATIONS, PRAGATI HOUSE,
                          3RD FLOOR 47-48, NEHRU PLACE
                          NEW DELHI 110 019.

                   3.     THE PRINCIPAL
                          BISHOP COTTON GIRLS SCHOOL
                          ST MARKS ROAD
                          BANGALORE 560 001
                                                                     ...RESPONDENTS
                   (BY SMT. SAVITHRAMMA, AGA)
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                                                  NC: 2024:KHC:30930
                                                WP No. 19600 of 2024




      THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT
NO.2 AND 3 TO MAKE NECESSARY CHANGE/MODIFICATION OF THE
PETITIONERS DATE OF BIRTH FROM 20.04.2008 TO 20.11.2008, IN ALL
THE EDUCATIONAL RECORDS, VIZ. MARKS CARD AND OTHER
RECORDS AS PER THE DOCUMENTS ISSUED BY THE GOVERNMENT OF
INDIA PRODUCED VIDE ANNEXURE-A, B AND C.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR


                             ORAL ORDER

In this petition, the petitioner seeks the following reliefs:

"a) Issue a writ in the nature of mandamus directing the respondent No.2 & 3 to make necessary change/ modification of the Petitioner's date of birth from 20.04.2008 to 20.11.2008, in all the educational records, viz, Marks card and other records as per the documents issued by the Government of India produced vide ANNEXURE-A,B & C.

b) Issue such other reliefs as this Hon'ble Court deems fit in the interest of justice and equity."

2. Heard learned Senior counsel for the petitioner and

learned AGA for the respondents and perused the material on

record.

3. Learned Senior counsel for the petitioner invited my

attention to the judgment of this Court in the case of Miss. Bhavani

Umanand Vs. Central Board of Secondary Education and

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others - W.P.No.12869/2022 dated 20.09.2023, in order to

contend that the issue in controversy in the present petition is

covered by the aforesaid judgment and the present petition may be

disposed of in the aforesaid terms.

4. The said submission is placed on record.

5. Learned AGA would oppose the said submission and

submits that there is no merit in the petition and the same is liable

to be dismissed.

6. This Court, in the case of Miss. Bhavani Umanand

Vs. Central Board of Secondary Education and others -

W.P.No.12869/2022 dated 20.09.2023, has held as under:

"In this petition, the petitioner has sought for the following relief:

" To issue a writ of Mandamus directing respondent No.1 and 2 to correct the date of birth of the petitioner in Grade X marks card - Roll No.4063323 at Annexure- D as 24.12.2003 instead of 24.08.2003 by considering the application submitted by the 3rd respondent along covering letter dated 17.06.2020 vide Annexure-G and issue corrected marks card to the petitioner".

2. Heard learned counsel for the petitioner and also learned counsel for the respondents and perused the material on record.

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3. Respondent No.3-School having been served with notice of the petition has chosen to remain absent. There is no representation and has not contested the petition.

4. The material on record discloses that the petitioner was born on 24.12.2003 as evidenced by the Aadhar Card and birth certificate, which shows the date of birth as 24.12.2003. Subsequently, the petitioner having joined respondent No.3-School in the year 2010, the school records including Transfer certificate indicates that the date of birth of the petitioner was 24.12.2003. After the petitioner completed her 10th grade for the academic year 2018-19, the petitioner was issued with Transfer certificate from respondent No.3 which correctly mentioned the date of birth as 24.12.2003, pursuant to which she took admission to the Pre-University College and having completed the same, the petitioner has joined a professional course.

5. It is specific contention of the petitioner that only on 05.02.2020 she noticed a mistake in 10th grade marks card issued by respondent No.1-Board and she submitted an application to respondent No.3-School for correction of the date of birth in her 10th grade marks card which was forwarded by respondent No.3 to respondent No.2 in the prescribed format along with a covering letter. It is the grievance of the petitioner that despite the aforesaid facts and circumstances and documents that clearly establish the petitioner was born on 24.12.2003 and not on 24.08.2003 as mistakenly/wrongly shown in 10th grade marks card, respondent Nos.1 and 2 have not taken any steps to

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make necessary corrections in the 10th grade marks card and as such the petitioner is before this Court by way of present petition. In support of his contention learned counsel for petitioner relies upon the judgment passed by the Hon'ble Supreme Court in Civil Appeal No.3905 of 2011- Jigya Yadav(Minor) vs. C.B.S.E and others'.

6. Per contra learned counsel for respondent Nos.1 and 2 on instructions submits that respondent Nos.1 and 2 have already requested respondent No.3-School to forward all relevant documents for the purpose of carrying out necessary corrections in the 10th grade marks card of the petitioner. It is further submitted that if the petitioner and respondent No.3-School were to produce all relevant documents, respondent Nos.1 and 2, would take necessary steps in this regard and carry out necessary corrections in accordance with law.

7. Submission of learned counsel for respondent Nos.1 and 2 is placed on record.

8. In the case of Jigya Yadav(Minor) vs. C.B.S.E and others' case, stated supra, in relation to a request for change of particulars in the certificate issued by respondent Nos.1 and 2-CBSE, the Apex Court has held as under:

"The first is where the incumbent wants "correction" in the certificate issued by the CBSE to be made consistent with the particulars mentioned in the school records. As we have held there is no reason for the CBSE to turn down such request or attach any precondition except reasonable period of limitation and keeping in mind the period for which the CBSE has to maintain its record under the extant regulations. While doing so, it can certainly insist for compliance of other

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conditions by the incumbent, such as, to file sworn affidavit making necessary declaration and to indemnify the CBSE from any claim against it by third party because of such correction. The CBSE would be justified in insisting for surrender/return of the original certificate (or duplicate original certificate, as the case may be) issued by it for replacing it with the fresh certificate to be issued after carrying out necessary corrections with caption/annotation against the changes carried out and the date of such correction. It may retain the original entries as it is except in respect of correction of name effected in exercise of right to be forgotten. The fresh certificate may also contain disclaimer that the CBSE cannot be held responsible for the genuineness of the school records produced by the incumbent in support of the request to record correction in the original CBSE certificate. The CBSE can also insist for reasonable prescribed fees to be paid by the incumbent in lieu of administrative expenses for issuing fresh certificate. At the same time, the CBSE cannot impose precondition of applying for correction consistent with the school records only before publication of results. Such a condition, as we have held, would be unreasonable and excessive. We repeat that if the application for recording correction is based on the school records as it obtained at the time of publication of results and issue of certificate by the CBSE, it will be open to CBSE to provide for reasonable limitation period within which the application for recording correction in certificate issued by it may be entertained by it. However, if the request for recording change in based on changed school records post the publication of results and issue of certificate by the CBSE, the candidate would be entitled to apply for recording such a change within the reasonable limitation period prescribed by the CBSE. In this situation, the candidate cannot claim that she had no knowledge about the change recorded in the school records because such a change would occur obviously at her instance. If she makes such application for correction of the school records, she is expected to apply to the CBSE immediately after the school records are modified and which ought to be done within a reasonable time. Indeed, it would be open to the CBSE to reject the application in the event the period for preservation of official records under the extant regulations had expired and no record of the candidate concerned is traceable or can be reconstructed. In the case of subsequent

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amendment of school records, that may occur due to different reasons including because of choice exercised by the candidate regarding change of name. To put it differently, request for recording of correction in the certificate issued by the CBSE to bring it in line with the school records of the incumbent need not be limited to application made prior to publication of examination results of the CBSE

171. As regards request for "change of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc., and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.

(a) Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be in the ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing Public Notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate 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) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption / annotation referred to above (except

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in respect of change of name effected in exercise of right to be forgotten).

(b) However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/ declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.

172. In light of the above, in exercise of our plenary jurisdiction, we direct the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paragraphs 170 and 171, as may be applicable, until amendment of relevant Byelaws. Additionally, the CBSE shall take immediate steps to amend its relevant Byelaws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it.

173. Accordingly , we dispose of the cases before us with directions to the CBSE as noted in paragraphs 170 to 172 above.

No order as to costs."

9. In the light of the judgment of the Apex Court in case Jigya Yadav(Minor) vs. C.B.S.E and others' referred supra, I deem it just and appropriate to dispose of this petition directing the petitioner to submit all relevant documents to respondent Nos.1 and 2 within a period of two

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weeks from today. If such a representation, document etc., are submitted by the petitioner to respondent Nos.1 and 2, respondent Nos.1 and 2 shall address the grievance of the petitioner and take necessary steps to effect change of date of birth in the 10th grade marks card in accordance with law within a period of 4 weeks thereafter.

Subject to the aforesaid directions, the Writ Petition stands disposed of."

7. Under identical circumstances, this Court disposed of

the said petition issuing certain directions as can be seen from the

paragraph 9 of the said judgment. Accordingly, in the light of the

decision of the Hon'ble Apex Court in the case of Jigya

Yadav(Minor) vs. C.B.S.E. and others - Civil Appeal

No.3905/2011 and the judgment of this Court in the case of Miss.

Bhavani Umanand Vs. Central Board of Secondary Education

and others - W.P.No.12869/2022 dated 20.09.2023, I deem it just

and appropriate to dispose of this petition directing the petitioner to

submit all relevant documents to respondent Nos.2 and 3 within a

period of two weeks from today. If such a representation,