Pradosh Keshav M.V vs Central Board Of Secondary ...
2021 Latest Caselaw 4321 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.1475 OF 2021(H)


PETITIONER:

               PRADOSH KESHAV M.V.,
               AGED 27 YEARS
               S/O. KESHAVAN,
               EDAPURATH HOUSE,
               CHERUMUNDASSERI,
               AMBALAPPARA,
               OTTAPALAM TALUK,
               PALAKKAD DISTRICT.

               BY ADV. SRI.P.JAYARAM

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION
               REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA-2,
               COMMUNITY CENTRE, PREET VIHAR, DELHI-110096.

      2        THE REGIONAL MANAGER,
               CENTRAL BOARD OF SECONDARY EDUCATION,
               REGIONAL OFFICE, 1630-A,
               J-BLOCK, ANNA NAGAR WEST,
               CHENNAI-600040.

      3        THE PRINCIPAL,
               AMRITA VIDYALAYAM,
               P.O.KANNIYAMPURAM,
               OTTAPALAM-679104.

               R1-2 BY 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.1475 OF 2021

                                    2




                               JUDGMENT

Dated this the 5th day of February 2021

The petitioner completed his Senior Secondary

Examination in the year 2011, from the third respondent

Institution. In Ext.P2 C.B.S.E certificate issued to

him, his date of birth was shown as 20.11.1993.

2. According to the petitioner, his actual date

of birth is 18.10.1993. However by an inadvertent

mistake, wrong date of birth was conveyed at the time

of his admission in the School. To substantiate the

contention of the petitioner that he was born on

18.10.1993, he relies on Ext.P3 Aadhar Card and Ext.P4

Birth Certificate issued from the Ottapalam

Municipality. He submitted an application before the

respondent, to correct the date of birth which was

rejected by Ext.P1 communication. Accordingly, he has

approached this Court seeking a direction to the

respondents to correct the date of birth. WP(C).No.1475 OF 2021

3. The respondents have filed a statement

traversing the various claims made in the writ

petition. It was submitted by the learned counsel for

the respondents that, the entry made in the C.B.S.E

certificate cannot be corrected. Corrections could be

made only in relation to entries which are not in

consonance with the School records. It was submitted

that, there is a long delay in approaching the

authority for correction. It was pointed out by the

learned counsel that, the certificate is dated

31.05.2011 and the petitioner approached the respondent

Nos. 1 and 2 only in 2020.

4. However it was answered by the learned

counsel for the petitioner contenting that, the

requirement for a correction came only at a stage when

disputes arose in connection with the date of birth.

Accordingly the request for correction was submitted. I

am inclined to accept this submission, in the absence

of anything to indicate that there was willful latches

on the part of the petitioner in seeking correction. WP(C).No.1475 OF 2021

5. Having considered this, I am inclined to

dispose of the writ petition on the following

directions.

i). The petitioner is directed to file a fresh

application to the third respondent along with the

copies of the requisite documents for making necessary

correction in the school records, within a period of

two weeks from today. 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.

ii). The petitioner shall also additionally

remit a sum of Rs.1,500/- ( Rupees one thousand five

hundred only) in the office of the third respondent as

their expenses for the above process.

iii). Thereupon, the third respondent shall

make necessary corrections in the records. Such records

shall be forwarded within a period of six weeks from

the date of receipt of a copy of that order to the

second respondent to carryout correction in the WP(C).No.1475 OF 2021

certificate and issue fresh certificate within six

weeks from the date of receipt of a communication from

the third respondent.

Sd/-

                                         SUNIL THOMAS
                                               JUDGE

Jms                      //True Copy//    P.A to Judge
 WP(C).No.1475 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE ORDER

CBSE/RO(M)/CORRN/2019/13021 DATED 27.11.2020 REFUSING TO CORRECT PETITIONER'S DATE OF BIRTH.

EXHIBIT P2 TRUE COPY OF THE PETITIONER'S SECONDARY SCHOOL EXAMINATION (SESSION:2009-11) CERTIFICATE DATED 31.5.2011 ISSUED BY CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, DELHI.

EXHIBIT P3 TRUE COPY OF THE PETITIONER'S ADHAR CARD NO.980711346904.

EXHIBIT P4 TRUE COPY OF THE PETITIONER'S BIRTH CERTIFICATE ISSUED FROM OTTAPALAM MUNICIPALITY.

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT DATED 28.12.2020 EXECUTED BY PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM SWEARING HIS CORRECT DATE OF BIRTH TO BE 18.10.1993.

//True Copy// P.A to Judge