Sensahir vs Central Board Of Secondary ...
2021 Latest Caselaw 11334 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.5216 OF 2021(B)


PETITIONER:

               SENSAHIR,
               AGED 18 YEARS
               S/O.M.SAHIR, SHIBU NIVAS, AYROOR P.O., VARKALA,
               THIRUVANANTHAPURAM DISTRICT.

               BY ADV. SRI.R.ANILKUMAR

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION,
               REPRESENTED BY CONTROLLER OF EXAMINATION NEW NO.3
               (OLD NO.1630-A), J BLOCK, 16TH MAIN ROAD, CHENNAI,
               ANNA NAGAR, WEST CHENNAI-600 040.

      2        PRINCIPAL, SIVAGIRI SREE NARAYANA SENIOR SECONDARY
               SCHOOL,
               SREENIVASAPURAM, VARKALA, THIRUVANANTHAPURAM-695 145.

      3        SUB REGISTRAR OF BIRTH AND DEATH,
               CORPORATION OF THIRUVANANTHAPURAM, CORPORATION
               OFFICE, THIRUVANANTHAPURAM, PIN-695 033.

               R1- SRI.NIRMAL S., SC, CBSE
               SRI.P.K MANOJ KUMAR, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5216 OF 2021(B)            2




                            JUDGMENT

Dated this the 8th day of April 2021

The petitioner herein, had studied in the School of 2 nd

respondent. Her date of birth as evident from the CBSE

Certificate issued by the 2nd respondent was 10.12.1994. The

grievance of the petitioner is that the above date of birth is

incorrect. Her actual date of birth is 10.12.1993, as evident

from the birth certificate issued to her Ext.P3 is the copy of the

birth certificate. Ext.P1 and Ext.P1(a) are the documents

issued from the School which evidences her date of birth as

10.12.1994. According to the petitioner, she came to know

about the difference in the date of birth only recently. A

representation was submitted before the 2nd respondent school

which was dismissed as belated, hence the writ petition is

filed.

2. Heard the learned counsel for the petitioner and

Sri.S.Nirmal, Standing Counsel for CBSE who opposed the

application.

3. It seems that the date of birth shown in the earliest

available official documents is 10.12.1993. Only in the

subsequent document which is the CBSE Certificate, her date

of birth was wrongly shown as 10.12.1994. The delay has

been properly explained. Considering the limited reliefs sought

by the petitioner, after hearing the learned counsel for the

petitioner and the learned Standing Counsel for the CBSE, I

am inclined to dispose of the writ petition on the following

terms;

i). Petitioner shall file a fresh application to the second

respondent requesting for correction of the date of birth. Copy

of Ext.P3 shall be placed along with the application proposed

to be filed.

ii). Applicant shall also enclose a DD for Rs. 5,000/-

(Rupees five thousand only)drawn in favour of the CBSE,

Chennai Branch as costs. Such application along with DD shall

be filed within three weeks from the date of receipt of

judgment.

iii). The petitioner shall also additionally remit a sum of

Rs.1,500/- ( Rupees one thousand five hundred only) in the

office of the second respondent as their expenses for the

above process.

iv). 2nd respondent shall carry out correction of the date

of birth in the school records in accordance with Ext.P3 within

a period of four weeks from the date of receipt of application.

v). On such correction, the records shall forthwith be

forwarded to the Regional Office, CBSE, Chennai, along with

the DD. The CBSE, Chennai shall process the above application

and take steps for issuing necessary certificate with corrected

date of birth. This shall be completed within four weeks of

receiving the records from the second respondent along with

DD.

Sd/-

SUNIL THOMAS JUDGE LEK

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE MARK LIST ISSUED BY THE FIRST RESPONDENT BEARING ROLL NO.415517 DATED 28.05.2010.

EXHIBIT P1(a) THE PASS CERTIFICATE ISSUED BY THE FIRST BEARING ROLL NO.415517 DATED 28.05.2010.

EXHIBIT P2 TRUE PHOTOCOPY OF THE TRANSFER LETTER NO.HR/TRF/20190601/10839 WITH EFFECT FROM 1ST JUNE, 2019.

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE CERTIFICATE NO.,B0020167-93121620191 ISSUED BY THE THIRD RESPONDENT ISSUED ON 29.12.2015.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE REJECTION LETTER FOR THE CORRECTION OF DATE OF BIRTH NO.CBSE/RO(M) CORRN/REJN/4628/15 DATED 04.03.2016.