Aadithya Vinayan vs The Joint Commissioner For ...
2021 Latest Caselaw 16981 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                  THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 10331 OF 2021


PETITIONER/S:

           AADITHYA VINAYAN,
           AGED 18 YEARS
           D/O. VINAYAN,
           KATTAKKALAM HOUSE, AYAKKAD P.O,
           VADAKKANCHERRY, ALATHUR,
           PALAKKAD.
           BY ADV V.A.JOHNSON (VARIKKAPPALLIL)



RESPONDENT/S:

           THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS,
           OFFICE OF THE COMMISSIONER FOR GOVERNMENT EXAMINATIONS,
           PAREEKSHA BHAVAN, POOJAPURAM,
           THIRUVANANTHAPURAM 695 012




           BY SMT. RASHMI. K. M, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10331 OF 2021
                                 2

                          JUDGMENT

The petitioner claims that she belongs to the

'Vilakkithila Nair Community'. In Exhibit P4 Secondary

School Leaving Certificate, the column relating to religion and

caste has shown as Hindu Nair and the fact that she belongs

to Vilakkithala Nair Community is not mentioned. She

sought a correction of the above entry before the respondent

and the respondent has returned the application stating that

the correction can be done only on the basis of school

records and the petitioner has to produce the application

which was submitted at the time of joining the Class-I in

original and a copy of the admission register attested by the

Head Master with regard to her admission in Class-I. The

petitioner has produced Exhibits P1 to P3, which are all Public

documents which show that the parents of the petitioner

Sri.Vinayan and Smt.Premeela belong to the Vilakkithala Nair

community and the petitioner was born to Sri.Vinayan and

Smt.Premeela. Exhibit P5 and P6 are community certificates

issued by the Village Officer, Vadakkenchery and the WP(C) NO. 10331 OF 2021

Tahsildar, Alathur respectively, which also clearly shows the

community of the petitioner as Vilakkithila Nair. There is no

reason to doubt the veracity of the above said documents.

The Hon'ble Supreme Court while dealing with the issue

relating to correction of the records of the CBSE held in

Jigya Yadav v. Central Board of Secondary Education

registered in 2021(3) KLT 711(SC) that the Court can

consider the genuineness of the claim put forward by the

students on the basis of public documents and adjudicate in

the justifiability of the claim. The claim relating to correction

of SSLC book stands on the same footing.

2. In the above circumstances, the respondent is

directed to reconsider the aspect of correction of the SSLC

record showing her caste as 'Vilakkithala Nair' on the basis of

Exhibits P1 to P3, P5 and P6 and in the light of the letter

from the Head Mistress produces as Exhibit P7, which clearly

shows that she had verified the documents and found that

the request made is justified. A certificate has been issued

by the Head Mistress in Exhibit P7 also recommending the WP(C) NO. 10331 OF 2021

correction. In the above circumstances, the respondent shall

consider the issue without insisting on production of the

application for admission submitted when the petitioner

joined in Class-I and the copy of the admission register of

the Class-I. Necessary orders shall be passed within a period

of two months from the date of receipt of copy of this order.

Sd/-

T.R.RAVI JUDGE avs WP(C) NO. 10331 OF 2021

APPENDIX OF WP(C) 10331/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE TRANSFER CERTIFICATE OF VINAYAN V.A DATED 31-05-1978 ISSUED BY THE HEADMASTER OF M.J.D HIGH SCHOOL, KUMMAMKULAM.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF PREMEELA V.

EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 28-06-2010 ISSUED BY THE REGISTRAR OF BORTH AND DEATH, CORPORATION OF THRISSUR.

EXHIBIT P4 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA.

EXHIBIT P5 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 12-11-2020 ISSUED BY THE VILLAGE OFFICER, VADAKKENCHERRY-1 VILLAGE.

EXHIBIT P6 TRUE COPY OF THE COMMUNITY CERTIFICATE DATED 16-1-2021 ISSUED BY THE TAHSILDAR, ALATHUR.

EXHIBIT P7 TRUE COPY OF THE APPLICATION OF THE PETITIONER ALONG WITH THE COVERING NOTE OF THE HEADMISTRESS, CHERUPUSHPAM GHSS, VADAKKANCHERRY DATED 16-11-2020 SUBMITTED BEFORE THE RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 8-

4-2021 ISSUED BY THE RESPONDENT.