Akhil Balu K.K vs The Central Board Of Secondary ...
2021 Latest Caselaw 4650 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                       WP(C).No.1496 OF 2021(J)


PETITIONER:

               AKHIL BALU K.K.
               AGED 26 YEARS
               S/O BALAKRISHNAN K.K,
               KUNHIKANNOTH HOUSE,
               MANATHANA P.O.
               PERAVUR,
               KANNUR-670 674.

               BY ADV. SRI.SATHEESHAN ALAKKADAN

RESPONDENTS:

      1        THE CENTRAL BOARD OF SECONDARY EDUCATION
               REP BY ITS REGIONAL OFFICER,
               REGIONAL OFFICE, 1630-A,
               J BLOCK, 16TH MAIN ROAD,
               ANNA NAGAR WEST,
               CHENNAI-600 040.

      2        THE PRINCIPAL,
               MAMBARAM ENGLISH MEDIUM SCHOOL,
               MAMBARAM,
               KANNUR,
               KERALA-670 622.

               R1 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1496 OF 2021

                                        2




                                  JUDGMENT

Dated this the 9th day of February 2021

The petitioner passed his schooling from the

second respondent School. He was issued with Ext.P2

certificate, which is the Continuous And

Comprehensive Evaluation Certificate issued by the

first respondent, which disclosed his date of birth

as 30.10.1995. According to the petitioner, his

actual date of birth is 30.10.1994, which is

evidenced by Ext.P1 certificate issued by the

Registrar of Birth and Death, Taliparamba

Municipality.

2. His contention is that, it was due to an

inadvertent mistake that occurred on conveying the

date of birth at the time of his admission, this

defect has crept in. He sought correction of date of

birth by submitting an application before the first

respondent, which was rejected by Ext.P3 order.

Hence, the petitioner has approached this Court. WP(C).No.1496 OF 2021

3. C.B.S.E has filed a detailed objection,

wherein it is contended that, there is no mistake and

the date as originally conveyed and entered in the

School records have been correctly carried forwarded

in Ext.P2 certificate. It is also contended that,

there is long delay in filing such an application.

4. The learned counsel for the petitioner

contended that, he has completed his M.B.B.S course

and till now no authority had raised dispute

regarding the date of birth. The issue arose only

after completing his M.B.B.S course and when he

proposed to go for a P.G course. Hence, the delay is

sought to be condoned on that ground. The learned

counsel for the petitioner has thus explained the

delay.

Having considered the limited prayer sought

by the petitioner herein, I am inclined to dispose of

the writ petition as follows:

                  i).    The     petitioner         to     file      an

      appropriate        application     before          the     second
 WP(C).No.1496 OF 2021

respondent, seeking correction of the date of

birth. The application shall be submitted

within two weeks from today.

ii). He shall produce a copy of Ext.P1

along with his application. He shall also

enclose a Demand Draft for a sum of Rs.5000/-

(Rupees Five Thousand Only) in favor of the

first respondent, along with another demand

draft for a sum of Rs.1500/- (Rupees One

Thousand Five Hundred Only) in favor of the

second respondent, for the administrative

expenses of the School.

                  iii).         On        receipt      of     such      an

       application,           the    second       respondent         shall

       carry    out     necessary          corrections       in   School

       records       and     forward       the    documents       to   the

first respondent within four weeks from the

date of receipt of the application. WP(C).No.1496 OF 2021

iv). The first respondent shall take

appropriate decision on that within a further

period of four weeks from the date of receipt

of the above documents. Modified certificate

shall be issued accordingly.

Sd/-

                                      SUNIL THOMAS
                                             JUDGE

Jms                     //True Copy// P.A to Judge
 WP(C).No.1496 OF 2021





                            APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE BIRTH CERTIFICATE OF THE

PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, TALIPARAMBA MUNICIPALITY

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF CONTINUOUS AND COMPREHENSIVE EVALUATION ISSUED BY THE 1ST RESPONDENT

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14.1.2020 ISSUED BY THE 1ST RESPONDENT BY REJECTING THE REQUEST OF THE PETITIONER

EXHIBIT P4 TRUE COPY OF THE REPORTED JUDGMENT IN WPC 29893/2018 REPORTED IN 2019(1)KLT 33.

//True Copy// P.A to Judge