Saniya Shanavas vs The Secretary
2021 Latest Caselaw 16452 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                  WP(C) NO. 7026 OF 2021
PETITIONER/S:

          SANIYA SHANAVAS,
          AGED 17 YEARS,
          D/O. LINI A SALIM, PINKI MANZIL,
          THAKARA PARAMBU, PONGANADU P.O., KILIMANOOR,
          THIRUVANANTHAPURAM DISTRICT
          (MINOR REPRESENTEND BY HER MOTHER LINI A SALIM,
          AGED 39 YEARS, W/O. SHANAVAS M.B., PINKI MANZIL,
          THAKARA PARAMBU, PONGANADU P.O., KILIMANNOR,
          THIRUVANANTHAPURAM DISTRICT), PIN: 695 601.
          BY ADVS.
          SRI.K.SIJU
          SMT.ANJANA KANNATH


RESPONDENT/S:

    1     THE SECRETARY
          CBSE, HEAD OFFICE, "SHIKSHA KENDRA", 2,
          COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110
          092.
    2     THE CONTROLLER OF EXAMINATIONS,
          CBSE, NEW DELHI 110 001.
    3     REGIONAL OFFICER,
          CBSE REGIONAL OFFICE,
          MANGOL PURI INDUSTRIAL AREA PHASE I,
          PHASE 1, POCKET B, INDUSTRIAL AREA,
          MANGOLPURI S BLOCK, NEW DELHI 110083.
 W.P.(C) No. 7026 of 2021                   2



        4          THE PRINCIPAL,
                   AL-AIN JUNIORS SCHOOL, PB NO. 80718, AL-AIN,
                   UAE.


                   BY SRI.NIRMAL S., STANDING COUNSEL, CBSE


            THIS      WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION            ON    05.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No. 7026 of 2021                      3




                             W.P.(C) No.7026 of 2021
                      -----------------------------------------------


                                   JUDGMENT

Petitioner was a student of the fourth respondent

school affiliated to the Central Board of Secondary Education

(the Board). She has completed the Secondary School

Examination in the year 2020. It is stated by the petitioner that

in the school records and in the records of the Board, the name

of the parents of the petitioner are shown mistakenly as

Muhammed Buhari Shanavas and Lini Shanavas, instead of

Shanavas M.B. and Lini A.Salim. Consequently, it is alleged that

the very same mistakes crept in Ext.P2 marks statement of the

Secondary School Examination of the petitioner. The case of

the petitioner is that the mistaken entries happened to be made

in the school records and also in the records of the Board on

account of the mistakes in the Passports of the parents as

regards their names. The petitioner relies on Ext.P1 Birth

Certificate to show that the names of her parents are shown in

the school records and the records of the Board mistakenly. It is

stated that the request made by the petitioner for correction of

the mistakes aforesaid have been turned down by the school

officials in terms of Ext.P4 communication taking the stand that

the guidelines issued by the Board do not permit the correction

sought for by the petitioner. Ext.P4 communication is under

challenge in the writ petition.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the Board.

3. It has been held by the Apex Court in Jigya

Yadav v. C.B.S.E. and others (Civil Appeal No.3905 of 2011

and connected cases), that the Board is bound to afford to the

students opportunity to modify the information contained in the

marks statements and other documents subject to complying

with the requisite formalities which are reasonable in nature. It

was also held by the Apex Court in the said case that when a

request for change of information contained in the marks

statement or other documents is made on the basis of the

public documents which are presumed to be genuine in terms

of the provisions of the Indian Evidence Act, the Board is bound

to consider the request. Reverting to the facts, the request of

the petitioner for correction of the entries relating to the names

of her parents in the school records has been made on the basis

of Ext.P1 birth certificate. In Ext.P1 birth certificate, the names

of the parents are shown correctly as Shanavas M.B. and Lini

A.Salim. Ext.P1 being a public document which is presumed to

be genuine in terms of the provisions of the Indian Evidence

Act, according to me, in the light of the directions issued by the

Apex Court in Jigya Yadav, the respondents ought to have

allowed the corrections sought for by the petitioner subject to

appropriate conditions.

In the result, the writ petition is allowed and the

competent among the respondents is directed to carry out the

corrections sought for by the petitioner in the records of the

Board, and issue revised certificates and mark sheets showing

the correct particulars. This shall be done within sixty days from

the date of receipt of a copy of this judgment. It is, however,

made clear that the Board would be free to impose appropriate

conditions to be complied with by the petitioner for carrying out

the corrections, as indicated by the Apex Court in the judgment

in Jigya Yadav.

Sd/-

P.B.SURESH KUMAR, JUDGE

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APPENDIX OF WP(C) 7026/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 07.07.2004.

EXHIBIT P2 TRUE COPY OF MARK STATEMENT CUM CERTIFICATE OF SECONDARY SCHOOL EXAMINATION, 2020 DATED 15.07.2020 ISSUED TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 16.01.2021 GIVEN BY THE PETITIONER'S FATHER TO THE 4TH RESPONDENT FOR CORRECTION OF PARENT'S NAME IN THE SCHOOL RECORDS.

EXHIBIT P4 TRUE COPY OF REPLY MAIL SENT BY THE 4TH RESPONDENT TO THE FATHER OF THE PETITIONER DATED 16.01.2021.