Sooraj S.Kumar vs Central Board Of Secondary ...
2021 Latest Caselaw 16653 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                        WP(C) NO. 11628 OF 2021
PETITIONER/S:

          SOORAJ S.KUMAR
          AGED 29 YEARS
          S/O. SURESH KUMAR, SURANYA, THAZHAM NORTH, MEENAD,
          CHATHANOOR, KOLLAM DISTRICT, PIN-691572.

          BY ADVS.
          S.ABHILASH VISHNU
          K.R.MONISHA



RESPONDENT/S:

    1     CENTRAL BOARD OF SECONDARY EDUCATION
          REP. BY ITS CHAIRMAN, (AN AUTONOMOUS ORGANIZATION UNDER
          THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT) HEAD
          OFFICE, NO.2, SHIKSHA KENDRA COMMUNITY CENTRE, PREET
          VIHAR, NEW DELHI, PIN-110092.

    2     REGIONAL OFFICER,
          CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,
          NEW NO.3, (OLD NO.1630-A1) V BLOCK, 16TH MAIN ROAD,
          ANNA NAGAR (WEST), CHENNAI, PIN-600040.

    3     THE PRINCIPAL,
          SREE NARAYANA CENTRAL SCHOOL, PARAVOOR, KOLLAM
          DISTRICT, PIN-691334.

    4     REGISTRAR OF BIRTHS AND DEATHS,
          KOLLAM CORPORATION, KOLLAM DISTRICT, PIN-691001.

          BY ADVS.
          SRI.NIRMAL S., SC, CBSE
          SRI.M.K.CHANDRA MOHAN DAS,SC,KOLLAM MPT


          SC NIRMAL S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11628 OF 2021
                                  2



                       JUDGMENT

The petitioner herein after completion of his studies

from the third respondent school had undergone further

studies. In the meanwhile, on a verification of his school

certificate it was found that a mistake has crept in his

school certificate produced as Exts.P5 to P8, which show

his date of birth wrongly as 31.03.1993, instead of

28.10.1991. Further the mother's name wrongly shown

as Yamuna Suresh instead of Baby Yamuna. To

substantiate this contention, the learned counsel relied on

copy of the birth certificate issued by the Registrar Birth

and Deaths, Kollam Corporation as Ext.P4.

2. The petitioner has satisfactorily explained the

delay by affirming that on noting the mistakes, Ext.P11

representation was submitted, followed by institution of a

suit. Having heard the learned counsel for the petitioner

and the learned standing counsel for respondents 1 and 2

and also Adv.M.K.Chandramohan Das for the fourth

respondent, I am inclined to dispose of the Writ Petition WP(C) NO. 11628 OF 2021

itself with a following directions, in terms of the directions

contained in Jigya Yadav Vs. Central Board of

Secondary Education (Civil Appeal No.3905/2011).

i) The petitioner shall file a formal application to

the third respondent disclosing the details along with a

copy of the birth certificate or any other public document

evidencing the correct date of birth and name of mother,

within three weeks from the date of receipt of a copy of

this judgment.

ii) The petitioner shall also file an affidavit along

with the above, referring to the facts and disclosing the

new date of birth. The petitioner shall also indemnify

C.B.S.E. against any loss that may be caused to any third

party by the correction.

iii) The petitioner shall also surrender the original

certificate sought to be corrected along with the

application.

iv) The second respondent shall inform the

petitioner by email, the administrative expenses of the WP(C) NO. 11628 OF 2021

third respondent as well as that of the second

respondent, which the petitioner shall remit forthwith.

v) On receipt of the application as above, the third

respondent shall make necessary corrections and forward

it to the second respondent within four weeks from the

date of submission of the application.

vi) The second respondent shall process the

application and shall pass appropriate orders approving

the change of date of birth and change of mother's name

with such conditions as it may deem fit, as prescribed in

Jigya Yadav's Case (Supra), as expeditiously as possible,

at any rate within four weeks from the date of receipt of

the communication from the third respondent.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS, JUDGE R.AV WP(C) NO. 11628 OF 2021

APPENDIX OF WP(C) 11628/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPIES OF THE PETITIONER'S DEGREE CERTIFICATE DATED 8.11.2015 ISSUED BY S.R.M. UNIVERSITY, CHENNAI.

Exhibit P2 TRUE COPY OF THE PETITIONER'S PROVISIONAL MASTER'S DEGREE CERTIFICATE DATED 16.7.2018.

Exhibit P3 TRUE COPY OF THE EMPLOYMENT AND OFFER LETTER IN REF.1091/AIMS/MD/APPT/CHILD DEVELOPMENT/2020 ISSUED BY AMRITA HOSPITAL, KOCHI DATED 25.6.2020.

Exhibit P4 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 23.5.2012 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOLLAM CORPORATION.

Exhibit P5 TRUE COPY OF THE 10TH STANDARD MARK SHEET ISSUED BY THE 2ND RESPONDENT DATED 27.5.2008 WITH S.NO.SSE/2008/332213.

Exhibit P6 TRUE COPY OF THE 10TH STANDARD CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 27.5.2008 WITH S.NO.SSE/2008/302005.

Exhibit P7 TRUE COPY OF THE 12TH STANDARD MARK SHEET ISSUED BY THE 2ND RESPONDENT DATED 19.5.2010 WITH S.NO.SSCE/2010/301473.

Exhibit P8 TRUE COPY OF THE 12TH STANDARD CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 19.5.2010 WITH S.NO.237317.

Exhibit P9 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER ISSUED UNIQUE IDENTIFICATION AUTHORITY OF INDIA DATED NIL WITH S.NO.4785 0375 4054. WP(C) NO. 11628 OF 2021

Exhibit P10 TRUE COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT, GOVERNMENT OF INDIA IS DATED NIL WITH PAN CARD NO.DAGPK1244F.

Exhibit P11 TRUE COPY OF THE 3RD RESPONDENT SCHOOL'S REPLY TO THE PETITIONER'S REPRESENTATION SEEKING CORRECTION OF DATE OF BIRTH DATED 25.7.2012.