Muheen (Minor) vs The Controller Of Examinations
2021 Latest Caselaw 4866 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                      WP(C).No.26959 OF 2020(T)


PETITIONER:

               MUHEEN (MINOR), AGED 17 YEARS,
               S/O NIZAM.S,
               KANNAMPALLIYIL,
               REPRESENTED BY HIS FATHER NIZAM.S, AGED 44 YEARS,
               S/O.SAINULLABUDHEEN, NIZAM MANZIL, KANNAMPALLIYIL,
               PARAKKULAM, UMAYANALLOOR P.O, KOLLAM.

               BY ADV. SRI.C.RAJENDRAN

RESPONDENTS:

      1        THE CONTROLLER OF EXAMINATIONS,
               THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA
               KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR,
               NEW DELHI-110301.

      2        CENTRAL BOARD OF SECONDARY EDUCATION,
               1630 J BLOCK 16TH MAIN ROAD, ANNA NAGAR WEST,
               CHENNAI-600040,
               REPRESENTED BY ITS REGIONAL MANAGER.

      3        THE PRINCIPAL,
               NATIONAL PUB SCH KOTTIYAM, MUKHATHALA,
               KOLLAM-691020.

*ADDL. R4      THE REGIONAL MANAGER,
               CENTRAL BOARD OF SECONDARY EDUCATION,
               BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS,
               PATTOM, THIRUVANANTHAPURAM-695004.

               *ADDL.R4 IS IMPLEADED AS PER ORDER DATED 10.02.2021
               IN I.A.NO.1/2021 IN WP(C) NO.26959/2020.

               BY SRI.NIRMAL S., SC, CBSE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION             ON
10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26959 OF 2020(T)

                                 2


                             JUDGMENT

The writ petition is filed aggrieved

by Ext.P5 order rejecting the application

submitted by petitioner for correction of the

name of his father in Ext.P4 marks statement

cum certificate.

       2.   It    is    stated       that     the     name    of

 petitioner's      father      was    wrongly       entered   in

Ext.P4 Certificate as 'Nizamudheen' instead of

'Nizam.S'. Producing Ext.P1 Aadhaar Card of

petitioner's father, Ext.P2 Birth Certificate

of the petitioner issued on 30.04.2019 and the

Aadhaar Card of the petitioner, the petitioner

had requested for correction. However, the

additional 4th respondent rejected the same as

per Ext.P5 order, on the ground that there is

no provision for correction after the

publication of the results and the same would WP(C).No.26959 OF 2020(T)

be in violation of clause 69.1(i) and (ii)

respectively of the Examination Bye-Laws.

According to the additional 4th respondent, the

correction can be effected only if there is a

notification in the Gazette or when it is

admitted by the Court of law that too before

the publication of the results of the

candidate. It is further stated that correction

is permitted only in respect of spelling errors

or typographical errors in order to make it

consistent with the school records.

3. The learned Standing Counsel for the

CBSE has filed a statement reiterating the

stand of the additional 4th respondent in Ext.P5

order and relying on the provisions contained

in clause 69.1(i) and 69.1(ii). It is also

stated that throughout the entire period of

study of the petitioner in the school, no WP(C).No.26959 OF 2020(T)

objection was raised at any time against the

entries in the school records with respect to

the name of father .

4. I heard the learned counsel for the

petitioner as well as the learned Standing

Counsel.

5. It is seen that petitioner had made the

request for correction on the basis of the

entries in the Birth Certificate issued by a

statutory authority, the Aadhaar Card of the

petitioner as well as that of petitioner's

father, in which the name of father is shown as

'Nizam.S'. Moreover, it is seen that the

petitioner passed the examination only on

06.05.2019 and the application was submitted

immediately thereafter. Therefore there is no

reason for rejecting the application on the

ground that the correction sought is not WP(C).No.26959 OF 2020(T)

consistent with the school records or that the

there is no notification in gazette.

Ext.P5 is therefore set aside. There

shall be a direction to the additional 4th

respondent to reconsider the application

submitted by petitioner and to see that

correction of the name of petitioner's father

is effected in Ext.P4 in tune with the entries

in Ext.P2 Birth Certificate, within a period of

two months from the date of receipt of a copy

of the judgment.

Accordingly, the writ petition is

disposed of.

Sd/-

P.V.ASHA JUDGE WW WP(C).No.26959 OF 2020(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY PHOTOCOPY OF THE AADHAR CARD OF THE PETITIONER'S FATHER.

EXHIBIT P2 A TRUE PHOTOCOPY PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE SUB REGISTRAR, KOLLAM CORPORATION DATED 30.04.2019.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE AADHAR CARD OF THE PETITIONER.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 6/5/2019.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE ORDER OF THE 2ND RESPONDENT DATED 29.09.2020.