Kerala High Court
Archana.T.G vs Central Board Of Secondary ... on 8 February, 2021
W.P(c).No.5081/2020-I 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942
WP(C).No.5081 OF 2020(I)
PETITIONER:
ARCHANA.T.G.
AGED 30 YEARS
D/O.THANKAPPAN, KAVUMMURIYIL VEEDU,
VAZHAMUTTOM EAST.P.O., MULLASSERI VIA,
PATHANAMTHITTA-689646.
BY ADVS.
SRI.GEORGE RENOY
SRI.VENKATESH GOPI
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHAKENDRA-2, COMMUNITY CENTRE, PREET VIHAR,
DELHI-110092.
2 REGIONAL OFFICE,
CENTRAL BOARD OF SECONDARY EDUCATION, ANNAWAYAR
WEST, CHENNAI-600040.
3 KENDRIYA VIDYALAYA, ADOOR,
PATHANAMTHITTA-691523.
R1-2 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.5081/2020-I 2
P.V.ASHA, J.
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W.P(c) No.5081of 2020-I
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Dated this the 8th day of February, 2021
JUDGMENT
The petitioner is aggrieved by Ext.P5 order by which application for date of
birth correction is rejected on the ground of delay as well as on the ground of
provisions contained in the examination bye-laws.
2. The petitioner studied in various schools. It is stated that She passed
the Secondary School Examination while studying in the 3 rd respondent school in
March, 2006, based on which Ext.P2 grade certificate was issued. Relying on
Ext.P1 birth certificate which was issued on 31.3.1997 the petitioner claims that
actual date of birth of the petitioner is 25.07.1989. But at the time of admission
the date of birth entered in the school records is 23.05.1990. It is stated that she
was admitted to the school on 07.06.1995. She submitted Ext.P3 application for
correction of date of birth on 1.8.2019 before the 3 rd respondent. The 3rd
respondent forwarded the same to the 2nd respondent, who rejected it as per Ext.P5
order. According to the petitioner, the acual date of birth even at the time of
admission in the school was 25.07.1989 as can be seen from the birth certificate
though it was mistakenly given as 23.05.1990 in the school records.
3. The learned Standing Counsel for the 1st respondent CBSE has filed a
statement in tune with the contentions in ExtP5 order of rejection. It is further
stated that the date of birth shown in Exts.P2 is in tune with the entries in the
school records and the said date of birth 23.05.1990 continued to be in the school
records all throughout her studies. It is further stated that the date of birth
correction is governed by clause 69.2 of the Examination Bye-laws, according to
which, there cannot be any change effected once it is recorded in Board's records
as per the amended rules. Clause 69.3 provides for correction of typographical and
other errors, provided, the corrections in the school records should not be made
after the submission of application form for admission to Examination to the
Board. It is also stated that only in case of genuine clerical errors, correction can
be made and the application should be forwarded by the school along with all the
relevant documents. Therefore, it is stated that the application was rejected in tune
with clause 69.3 and 69.2 of the Examination Bye-laws. Moreover, it is stated that
the petitioner, who completed her studies in the 3 rd respondent school, got the
certificate Ext.P2 as early as on 27.5.2006 and has submitted Ext.P3 application
for correction of date of birth only on 1.8.2019 and there is inordinate delay.
Relying on the judgment of this Court in Subin Mohammed v. Union of India
[2016 (1) KLT 340], it is stated that it is absolutely the indiscretion of the CBSE to
consider whether in a particular case, correction to the date of birth could be
entertained or not and hence the respondents cannot be compelled to effect the
correction.
4. Though it is seen that there is inordinate delay, the petitioner has
requested for correction on the basis of a birth certificate issued by a statutory
authority in which, unusually, against the actual date of birth, which is 25.7.1989,
it is recorded in the school register as 23.05.1990. In the judgment in Subin's case
(supra) this Court directed correction on payment of a sum of Rs.5,000/- (Rupees
Five thousand only) towards the delay caused.
Therefore, in the present case, since there is delay of 13 years and since the
petitioner says that correction is absolutely necessary for her employment
purposes, there shall be a direction to respondents 1 and 2 to see that the correction
in her date of birth is effected in tune with the entries in Ext.P1 birth certificate,
provided, the petitioner remits a sum of Rs.7,500/- (Rupees Seven thousand five
hundred only) towards fine. Ext.P5 shall stand set aside. Fresh orders shall be
passed within two months from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER FROM PANCHAYATH.
EXHIBIT P2 TRUE COPY OF SECONDARY SCHOOL CERTIFICATE
DATED 27.5.2006.
EXHIBIT P3 TRUE COPY OF THE REQUEST LETTER DATED
1.8.2019.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER OF 2ND RESPONDENT
DATED 17.12.2019.
