Kerala High Court
Radhika Ramesh vs Central Board Of Secondary ... on 3 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.27641 OF 2020(E)
PETITIONER:
RADHIKA RAMESH
AGED 35 YEARS
D/O.RAMESHAN NAIR,
TC 17/598,
PATHIRAPILLY LANE,
POOJAPURA,
THIRUVANANTHAPURAM,
PIN-695 012.
BY ADVS.
SHRI.K.NIRMALAN
SRI.ANAND B. MENON
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS REGIONAL OFFICER,
PLOT NO.3, (OLD NO.1630-A),
J BLOCK, 19TH MAIN ROAD,
ANNA NAGAR WEST,
CHENNAI,
PIN-600 040.
2 THE DEPUTY SECRETARY,
CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS REGIONAL OFFICER,
PLOT NO.3 (OLD NO.1630-A),
J BLOCK, 19TH MAIN ROAD,
ANNA NAGAR WEST,
CHENNAI, PIN-600 040.
3 THE CONTROLLER OF EXAMINATIONS,
CENTRAL BOARD OF SECONDARY EDUCATION,
PLOT NO.3 (OD NO.1630-A),
J BLOCK, 19TH MAIN ROAD,
ANNA NAGAR WEST,
CHENNAI, PIN-600 040.
4 CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS REGIONAL OFFICER,
BLOCK B, 2ND FLOOR,
WP(C).No.27641 OF 2020
2
LIC DIVISIONAL OFFICE CAMPUS,
PATTOM,
THIRUVANANTHAPURAM-695 004.
5 ST.MARYS RESIDENTIAL CENTRAL SCHOOL,
POOJAPURA,
THIRUVANANTHAPURAM-695 012,
REPRESENTED BY ITS PRINCIPAL.
R1-4 BY SRI.NIRMAL S., SC, CBSE
R5 BY ADV. SHRI.K.B.GANGESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27641 OF 2020
3
JUDGMENT
Dated this the 3rd day of February 2021
Petitioner appeared for CBSE examination during
the academic year 2000 - 2001 in the fifth respondent
school. Ext.P2 CBSE certificate was issued to her. It
was seen from Ext.P2 certificate that, her date of
birth was recorded as 05.01.1986. According to the
petitioner, her actual date of birth, as evidenced from
Ext.P1 birth certificate, is 05.01.1985. According to
the petitioner, a wrong date of birth was given at the
time of admission to the school, by mistake. Claiming
that, it was a clerical mistake liable to be corrected,
Ext.P4 request letter was submitted by the
petitioner's father before the fifth respondent School.
Ext.P5 is the letter submitted by the fifth respondent
before the first respondent for correction of the date
of birth of the petitioner. Even after one year from
the date of sending Ext.P5 by the fifth respondent,
first respondent had not considered the application.
WP(C).No.27641 OF 2020
Aggrieved by exorbitant delay on the part of the first
respondent in correcting the date of birth, petitioner
has approached this Court claiming that mistake in the
date of birth in Ext.P2 is liable to be corrected in
consonance with Ext.P1 birth certificate.
2. To substantiate the contention of the
petitioner, he relied on the decision reported in Subin
Mohammed v. Union of India and others ( 2016 (1) KLT
340). It was contended that pursuant to the above
decision, this court has been consistently giving
direction to the CBSE to make appropriate corrections
in the date of birth.
3. Opposing the contention of the petitioner,
learned counsel for the CBSE contended that, CBSE can
correct only genuine clerical mistakes and application
for correction of date of birth, that too, before the
expiry of the prescribed period. It was also contended
that the decision of the Division Bench in Subin
Mohammed's case has been challenged and is pending
before the Supreme Court.
WP(C).No.27641 OF 2020
4. Evidently, the date of birth mentioned in Ext.P2
is not in consonance with the actual date of birth seen
from Ext.P1. To that extent, mistake is liable to be
corrected. The petitioner has explained the reason
for delay in proposing the application. Having
satisfied about this, I am inclined to dispose of the
writ petition on the following terms;
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 placed along
with the application proposed to be filed.
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
WP(C).No.27641 OF 2020
the date of birth in the school records in accordance
with Ext.P1 within a period of three weeks from the
date of receipt of application.
v). On such correction, the records shall be
forthwith 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 corrected date of
birth. This shall be completed within three weeks of
receiving the records from the second respondent along
with DD.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Jms //True Copy// P.A to Judge
WP(C).No.27641 OF 2020
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF BIRTH CERTIFICATE DATED
16.10.2007 ISSUED BY THE REGISTRAR OF BIRTH
AND DEATHS, THIRUVANANTHAPRAM MUNICIPAL
CORPORATION.
EXHIBIT P2 A TRUE COPY OF THE PASS CERTIFICATE OF THE
PETITIONER IN ALL INDIA SECONDARY SCHOOL
EXAMINATION, 2001 ISSUED BY THE THIRD
RESPONDENT.
EXHIBIT P3 A TRUE COPY OF MARK STATEMENT OF PETITIONER
IN ALL INDIA SECONDARY SCHOOL EXAMINATION,
2001 ISSUED BY THE THIRD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE REQUEST LETTER DATED
14.08.2019 SUBMITTED BEFORE THE FIFTH
RESPONDENT BY THE PETITIONER'S FATHER.
EXHIBIT P5 A TRUE COPY OF LETTER DATED 19.08.2019 FOR
THE CORRECTION OF DATE OF BIRTH OF THE
PETITIONER SUBMITTED TO THE FIRST
RESPONDENT BY THE FIFTH RESPONDENT.
EXHIBIT P6 A TRUE EXTRACT OF THEE-MAIL COMMUNICATION
DATED 30.09.2020 SEND TO THE PETITIONER BY
THE FIFTH RESPONDENT.
EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED
22.09.2020 OF THIS HON'BLE COURT IN WA 681
OF 2020 BETWEEN FRIJO XAVIER V CBSE AND
OTHERS.
//True Copy// P.A to Judge
