Kerala High Court
Minnu Rosy Varghese vs The Regional Officer, Central ... on 4 December, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
SATURDAY, THE 4TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943
WP(C) NO. 16481 OF 2021
PETITIONER:
MINNU ROSY VARGHESE,
AGED 23 YEARS
D/O.BYJU VARGHESE, THADAMURIYIL HOUSE,
LAKKATTOOR P.O., KOTTAYAM.
BY ADVS.
LIJI.J.VADAKEDOM
REXY ELIZABETH THOMAS
RESPONDENTS:
1 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY
EDUCATION,
NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR(WEST),
CHENNAI-600 040.
2 PRINCIPAL, CLUNY PUBLIC SCHOOL & JUNIOR COLLEGE,
CHEPPUMPARA, LAKKATTOOR P.O., KOTTAYAM-686 005.
3 ADDL.R3.THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE
CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004.
(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 21-10-
2021 IN IA 1/2021.)
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16481/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 4th day of December, 2021
The petitioner is aggrieved by the refusal of the 1 st
respondent to effect corrections in the CBSE Certificates of
the petitioner, by correcting the spelling of the name of the
petitioner's father.
2. The petitioner completed Secondary School
Education from the 2nd respondent's School affiliated to the
Central Board of Secondary Education (CBSE). The petitioner
states that the correct spelling of the name of petitioner's
father is "BYJU VARGHESE". But, the name is mistakenly
spelt as "BAIJU VARGHESE" in Ext.P1 CBSE Secondary
School Examination Certificate. The petitioner completed her
B.Tech Degree and is planning to go abroad for higher
studies. But, the misspelled name of petitioner's father would
create difficulty in getting admission in Foreign Educational
WP(C) No.16481/2021
Institutions and in going abroad.
3. The petitioner hence submitted Ext.P3 request for
correction to the 2nd respondent-Principal. The 2 nd respondent,
in turn, sent Ext.P4 letter to the additional 3 rd respondent-
Regional Officer, Thiruvananthapuram to make the correction.
The additional 3rd respondent forwarded the same to the 1 st
respondent-Regional Officer, Chennai. But, the 1 st respondent
declined to make correction as per Ext.P7, on the ground that
the correction sought for is not matching with the School
records and hence cannot be accepted in view of Rule 69 of
the Examination Bye-laws. The petitioner is aggrieved by
Ext.P7.
4. The learned Standing Counsel representing the 1 st
respondent and additional 3 rd respondent filed a statement.
The Standing Counsel submitted that the Hon'ble Apex Court
delivered its judgment in Jigya Yadav v. Central Board of
Secondary Education [2021 (3) KLT 711 (SC)] exhaustively
dealing with the issue of correction of CBSE
records/certificates.
WP(C) No.16481/2021
5. I have heard the learned counsel for the petitioner
and the learned Standing Counsel representing the 1 st and
additional 3rd respondents.
6. It is not disputed that the procedure/norms relating
to the correction of Date of Birth and name of Candidates and
parents are governed by the judgment of the Hon'ble Apex
Court in Jigya Yadav (supra) till the amended bye-laws are
notified by the CBSE. Therefore, the application for correction
submitted by the petitioner will have to be considered in the
light of the judgment of the Apex Court.
In the circumstances, the writ petition is disposed of
directing the 2nd respondent to forward the request to the 1 st
respondent for correction. The 1st respondent shall consider
the request submitted by the petitioner to correct the spelling
of the name of petitioner's father in Ext.P1 in the light of the
Scheme laid down by the Hon'ble Apex Court in Jigya Yadav
(supra), within a period of six weeks. After correcting the name
in Ext.P1, the School authorities may forward the application
of the petitioner for effecting corrections in Exts.P1(a) and
WP(C) No.16481/2021
P1(b) to the additional 3rd respondent. The additional 3rd
respondent shall consider such application for correction,
within a further period of six weeks from the date of receipt of
the application.
Sd/-
N. NAGARESH, JUDGE
aks/06.12.2021
WP(C) No.16481/2021
APPENDIX OF WP(C) 16481/2021
PETITIONER'S EXHIBITS
Exhibit P1 THE COPY OF THE GRADE SHEET CUM
CERTIFICATE OF PERFORMANCE DATED
26.05.2013 OF THE PETITIONER ISSUED BY
THE CBSE.
Exhibit P1 A THE COPY OF THE PASS CERTIFICATE DATED
25.05.2015 ISSUED BY THE CBSE.
Exhibit P1 B THE COPY OF THE MARKS STATEMENT DATED
25.05.2015 ISSUED BY THE CBSE.
Exhibit P2 THE COPY OF THE BIRTH CERTIFICATE DATED
09.12.2019 OF THE PETITIONER SHOWING
THE SPELLING OF THE FATHER OF THE
PETITIONER AS BYJU VARGHESE.
Exhibit P2 A THE COPY OF THE BIRTH CERTIFICATE DATED
16.02.01 (ISSUED BY THE REGISTRAR OF
BIRTHS AND DEATHS, CHANGANACHERRY
MUNICIPALITY) OF MINSU ELIZEBETH
VARGHESE SLIBLING OF THE PETITIONER.,
Exhibit P3 THE COPY OF THE REQUEST LETTER DATED
18.12.2019 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT-PRINCIPAL.
Exhibit P4 THE COPY OF THE LETTER
NO.CPS/CBSE/21/2019 DATED 19.12.2019
(WITHOUT ENCLOSURES) SUBMITTED BY THE
2ND RESPONDENT PRINCIPAL TO THE
REGIONAL OFFICER, CBSE,
THIRUVANANTHAPURAM.
Exhibit P5 THE COPY OF THE LETTER
NO.CPS/CBSE/27/2019-20 DATED 11.02.2020
(WITHOUT THE COPIES OF THE DOCUMENTS)
SUBMITTED BY THE 2ND RESPONDENT
PRINCIPAL TO THE 1ST RESPONDENT.
WP(C) No.16481/2021
Exhibit P6 THE COPY OF THE LETTER
NO.CPS/CBSE/10/2020-21 DATED 04.11.2020
(WITHOUT ENCLOSURES) SUBMITTED BY THE
2ND RESPONDENT PRINCIPAL BEFORE THE 1ST
RESPONDENT.
Exhibit P7 THE COPY OF THE ORDER DATED 12.09.2020
ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 THE COPY OF THE JUDGMENT DATED
22.09.2020 IN WA NO.681/2020 AND WA
NO.779/2020 OF THE HONOURABLE HIGH
COURT OF KERALA.
