Harikrishnan K.S vs Central Board Of Secondary ...
2021 Latest Caselaw 3714 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                      WP(C).No.27565 OF 2020(U)


PETITIONER:

               HARIKRISHNAN K.S.,
               AGED 31 YEARS
               S/O. A.KRISHNAN NAIR, SREEKRISHNA, CHITTALAMCODE,
               KALLAYAM P.O., TRIVANDRUM-695 043.

               BY ADV. SRI.C.Y.VINOD KUMAR

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION
               COMMUNITY CENTRE, PETER VIHAR, NEW DELHI-110 092,
               REPRESENTED BY ITS SECRETARY.

      2        THE REGIONAL OFFICER
               CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR, B
               BLOCK, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
               TRIVANDRUM-695 004.

      3        THE PRINCIPAL
               MARY GIRI ENGLISH MEDIUM HIGH SCHOOL, KUDAPPANAKUNNU,
               TRIVANDRUM-695 043.

      *4       ADDL.R4.THE REGIONAL OFFICER
               CENTRAL BOARD OF SECONDARY EDUCATION (CBSE)
               NO.3, OLD NO.1630A, J BLOCK, 16TH MAIN ROAD,
               ANNA NAGAR, CHENNAI - 600 040
               *(ADDL. R4. IMPLEADED AS PER ORDER DATED 02.02.2021
               IN IA 1/21 IN WP(C) 27565/20)

               R1-2 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27565 OF 2020(U)
                                  2



                            JUDGMENT

Dated this the 2nd day of February 2021

The petitioner herein has passed Secondary School

Examination conducted by the Central Board of

Secondary Examination in the year 2005, after

undergoing studies in the 3rd respondent School. He

was issued with CBSE certificate which showed the date

of birth as 21.05.1990. According to him, his actual

date of birth is 16.09.1989 evidenced by Ext.P2 and

Ext.P3 documents. Hence, an application was filed for

correcting the date of birth which was not granted.

Accordingly, he moved this Court by filing WPC No.7525

of 2016, which was allowed by Ext.P4 order. However,

it seems that he did not comply with that order and

after few years he has come up with the same relief.

2. The learned Counsel for the CBSE opposed

the above application and contended that the

application is highly belated. It was also contended

that the correction sought is beyond the scope of WP(C).No.27565 OF 2020(U)

correction permissible in the case of CBSE institutions.

It was also contended that in the light of earlier order

passed in Ext.P4, which was not complied, the

petitioner is not entitled for discretionary relief.

3. The learned Counsel for the petitioner

contended that due to various reasons, the petitioner

was compelled to leave Kerala and hence, he could not

take further steps pursuant to Ext.P4. Evidently, Ext.P2

and Ext.P3 shows his date of Birth as 16.09.1989. The

petitioner has a case that the date was wrongly

mentioned in Ext.P1 as 21.05.1990 due to an

inadvertent error that occurred while informing the

date of birth.

4. Having considered the grievance set up by

the petitioner and after hearing the learned Counsel for

the petitioner, I am inclined to dispose of the Writ

Petition as follows.

i) Petitioner shall file a fresh application to

the second respondent requesting for correction

of the date of birth. Copy of Ext.P1 shall be WP(C).No.27565 OF 2020(U)

placed along with the above application;

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 today.

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.P1 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 WP(C).No.27565 OF 2020(U)

corrected date of birth. This shall be completed

within four weeks of receiving the records from

the second respondent along with DD.

The Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/2-2 WP(C).No.27565 OF 2020(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION MARKS STATEMENT BEARING ROLL NO.4133473 DATED 24.5.2005.

EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE DATED 10.6.2016 ISSUED BY THE SUB REGISTRAR OF BIRTHS AND DEATHS, TRIVANDRUM CORPORATION.

EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER ISSUED ON 30.6.2015.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 29.2.16 IN WPC NO.7525/16 ON THE FILE OF THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF APPLICATION DATED 13.11.20 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE