Kerala High Court
Ann Thomas vs Central Board Of Secondary ... on 5 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942
WP(C).No.28921 OF 2020(M)
PETITIONER:
ANN THOMAS,
AGED 22 YEARS,
D/O.THOMAS, VALIYANJICKAL HOUSE, VENNIKULAM P.O.,
PATHANAMTITTA - 689 544.
BY ADV. SRI.ARUN MATHEW VADAKKAN
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2,
COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 301.
2 CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY THE REGIONAL OFFICER,
REGIONAL OFFICE, NEW NO.3 (OLD NO.1630A, J BLOCK,
16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600 040.
3 THE PRINCIPAL, ST.JOSEPHS SCHOOL,
SCHOOL CODE:90082, AFILIATION 6630012,
E MAIL: [email protected]
P-BOX 54, ABU DHABI, UAE.
*ADDL. R4 CENTRAL BOARD OF SECONDARY EXAMINATION,
REPRESENTED BY REGIONAL OFFICER,
REGIONAL OFFICE, PS 1-2, INSTITUTIONAL AREA,
IP EXTENTION, PATPARGANJ, DELHI - 110 092.
*ADDL.R4 IS IMPLEADED AS PER ORDER DATED 05.02.2021
IN I.A.NO.2/2021 IN WP(C) NO.28921/2020.
BY ADV. SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28921 OF 2020(M)
2
JUDGMENT
The petitioner is aggrieved by the
delay in considering her application for
correction in the examination certificates
of 10th and 12th grade.
2. It is stated that her name was
originally shown as 'Ann Thomas' in the
records of the 3rd respondent school. While
she was studying in 9th grade in that school,
she had to change the name as 'Ann Aswathy
Thomas' in tune with UAE Education Council
Rules, which insisted that the students
should have three names. Therefore her name
appears in the 10th and 12th grade
certificates as 'Ann Aswathy Thomas'. After
passing those examinations, it is stated
that she approached the school for changing
the name in Exts.P3 and P4 grade
WP(C).No.28921 OF 2020(M)
certificates. It is also stated that though
the 3rd respondent school had forwarded her
request to respondents 1 and 2, they are not
taking any action. The writ petition is
filed in the above circumstances seeking a
direction to the respondents to correct her
name in Exts.P3 and P4 certificates.
3. The learned Standing Counsel has
filed a statement stating that petitioner's
request itself is belated as it is submitted
after a period of six years. It is also
stated that clause 69.1(i) and 69.1(ii) of
the examination bye-law, do not permit
correction in the school records. It is
stated that under clause(i), applications
regarding changes in the name of surname of
candidates would be considered only if the
changes have admitted by a court of law and
notified in Government Gazette and that too
WP(C).No.28921 OF 2020(M)
before the publication of the results of the
candidate. It is stated that in case the
correction is required in the name of mother
or father, it can be done only to make it
consistent with what is given in the school
records.
4. Heard the learned counsel for
petitioner and the learned Standing Counsel
for the respondents 1,2 and 4.
5. The petitioner has produced the Birth
Certificate Ext.P1 issued on 17.09.1999, her
passport issued on 11.05.2014 in which her
name is shown as 'Ann Thomas'. It is stated
that only because of the rules in UAE, she
had to change her name. In this case
petitioner's name was originally entered as
Ann Thomas and it continued to be so till it
was changed while she was in 9th standard.
Therefore the correction is for making it
WP(C).No.28921 OF 2020(M)
consistent with the entries in the school
records. The change of name effected on
account of the rules in UAE, cannot stand in
the way of getting the name corrected.
5. It is seen that the respondents 1 or
2 have not issued orders on the application.
Petitioner has produced Ext.P7 application,
in its prescribed form which is stated to
have been sent by the 3rd respondent to the
Regional Officer, Delhi.
In the said circumstances, there
shall be a direction to the additional 4 th
respondent to consider Ext.P7 application in
the light of the entries in Exts.P1 and P2,
which are issued by the statutory
authorities as well as the original entries
in the school records itself. In the light
of the judgment in Subin Mohamed v Union of
India [2016(1) KLT 340], the petitioner
WP(C).No.28921 OF 2020(M)
would have to remit a sum of Rs.3,000/-, as
there is delay in approaching the
respondents. The additional 4th respondent
shall see that correction is effected in
Exts.P3 and P4 mark statements within a
period of two months, from the date of
receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE.
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WP(C).No.28921 OF 2020(M)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER ISSUED BY REGISTRAR OF BIRTHS AND
DEATHS DATED 17/09/1999.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT OF
THE PETITIONER NUMBERED AS L 8323778 DATED
11/05/2014.
EXHIBIT P3 TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE
OF PERFORMANCE OF THE PETITIONER DATED
20/05/2014 OF SECONDARY SCHOOL EXAMINATION
ISSUED BY CENTRAL BOARD OF SECONDARY
EDUCATION, DELHI.
EXHIBIT P4 TRUE COPY OF THE MARKS STATEMENT OF SENIOR
SCHOOL CERTIFICATE EXAMINATION, 2016 DATED
21/05/2016 ISSUED BY CENTRAL BOARD OF
SECONDARY EDUCATION, DELHI.
EXHIBIT P5 TRUE COPY OF THE E-MAIL SENT TO 3RD RESPONDENT
BY THE PETITIONER DATED 04/10/2020 FROM
PETITIONER'S E-MAIL [email protected]
TO 3RD RESPONDENT'S E-MAIL [email protected]
EXHIBIT P6 TRUE COPY OF THE E-MAIL SENT BY 3RD RESPONDENT
FROM [email protected] TO CBSE'S E-
MAIL [email protected] DATED 05/10/2020.
EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR CORRECTION OF
NAME OF THE PETITIONER SENT THROUGH EMAIL BY
THE 3RD RESPONDENT SCHOOL TO THE REGIONAL
OFFICER, DELHI DATED 10.01.2021.
EXHIBIT P8 TRUE COPY OF THE ADMISSION FORM OF THE
PETITIONER DATED 01.04.2008 ISSUED BY 3RD
RESPONDENT SCHOOL.
EXHIBIT P9 TRUE COPY OF THE LIST OF CANDIDATES ISSUED BY,
CBSE, REGIONAL OFFICE DELHI DATED NIL.
EXHIBIT P10 TRUE COPY OF THE REMINDER ISSUED THROUGH EMAIL
BY THE RESPONDENT CBSE TO THE 3RD RESPONDENT
SCHOOL DATED 21.01.2021.
