Anikrishnan M. (Minor) vs Central Board Of Secondary ...
2021 Latest Caselaw 5232 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                       WP(C).No.5296 OF 2020(J)


PETITIONER:

               ANIKRISHNAN M. (MINOR),
               AGED 50 YEARS,
               REPRESENTED BY HIS FATHER MANOJKUMAR P.,
               PADINJARE MADAM, MANGARAM, KONNI P.O., PATHANAMTHITTA
               DISTRICT, PIN - 689 691.

               BY ADV. SRI.R.ANILKUMAR

RESPONDENTS:

      1        [CENTRAL BOARD OF SECONDARY EDUCATION,
               REP. BY CONTROLLER OF EXAMINATION,
               CBSE REGIONAL OFFICE,
               THIRUVANANTHAPURAM. PIN - 695 001.]    *[CORRECTED]

               *CENTRAL BOARD OF SECONDARY EDUCATION,
                REP. BY REGIONAL OFFICER, CBSE REGIONAL OFFICE,
                THIRUVANANTHAPURAM. PIN - 695 001.

               * ADDRESS OF R1 CORRECTED AS 'REGIONAL OFFICER' IN
               THE PLACE OF 'CONTROLLER OF EXAMINATION', AS PER
               ORDER DATED 12.02.2021 IN W.P.(C) NO.5296/2020.

      2        SECRETARY AND REGISTRAR OF BIRTH,
               DEATH AND MARRIAGE, KULANADA GRAMA PANCHAYAT, KERALA,
               PIN - 689 503.

      3        THE PRINCIPAL, AMRITHA VIDYALAYAM,
               KOLLARAKADAVU, PATHANAMTHITTA P.O.,
               PATHANAMTHITTA DISTRICT, PIN - 689 645.

               BY SRI.NIRMAL S., SC, CBSE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION              ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5296 OF 2020(J)

                                     2


                               JUDGMENT

The petitioner, who passed the

Secondary School Examination in the year 2018

while studying in the 3rd respondent school,

submitted an application for correction of the

name of his parents, producing the Birth

Certificate of the petitioner as well as the

first page of SSLC book of father and mother

as well as their Aadhaar Cards. But the

application was rejected as per Ext.P6 on the

ground that the school records were not in

consonance with the claim raised by the

petitioner.

2. The learned Standing Counsel has filed

a statement reiterating the contentions in the

impugned order. It is stated that the name of

the parents were given in the mark statement

on the basis of the details furnished by the

parents at the time of the admission. It is WP(C).No.5296 OF 2020(J)

also stated that as per the provisions

contained in clause 69.1(ii) of the CBSE

Examination Bye-Laws, correction can be

carried out only for making it consistent with

the details given in the school records or

list of candidates submitted by the school,

provided the application submitted along with

all the relevant documents. It is also stated

that even the corrections, which can be

permitted, are only those under the

typographical or other errors for making it

consistent with the entries in the school

records.

3. The petitioner has submitted his

application Ext.P2 on 31.10.2018 to the school

authorities along with his Birth Certificate

issued on 27.11.2017, wherein the parents'

name are shown as 'Surya.K' and 'Manoj

Kumar.P' respectively, whereas in the mark WP(C).No.5296 OF 2020(J)

statements, it is shown as 'Manoj Kumar Potti'

and 'Surya Manoj'. The Aadhaar Card as well as

the SSLC book contains the same name. When the

petitioner has on the basis of a Birth

Certificate issued by a statutory authority

requested for corrections/changes in the name

of the parents in 2018 itself, there is no

reason for rejecting the application of the

petitioner.

In the above circumstances, Ext.P6

letter is set aside with a direction to the

1st respondent to effect corrections as

requested for in Ext.P2 application.

             Accordingly,          the    writ   petition       is

    disposed of.                                      Sd/-

                                                 P.V.ASHA
                                                   JUDGE
    ww
 WP(C).No.5296 OF 2020(J)



                           APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           THE TRUE PHOTOCOPY OF THE CERTIFICATE OF

MARK STATEMENT BEARING ROLL NO.4317297 OF ALL INDIA SECONDARY SCHOOL EXAMINATION 2018 ISSUED ON 29/05/2018.

EXHIBIT P2 THE TRUE PHOTOCOPY OF THE APPLICATION DATED 31/10/2018 FORWARDED TO 1ST RESPONDENT BY THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE PHOTOCOPY OF THE CERTIFICATE OF BIRTH ISSUED ON 27/11/2017.

EXHIBIT P4 THE TRUE PHOTOCOPY OF THE 1ST PAGES OF SSLC BOOK OF FATHER OF PETITIONER.

EXHIBIT P4(A) THE TRUE PHOTOCOPY OF THE 1ST PAGES OF SSLC BOOK OF MOTHER OF PETITIONER.

EXHIBIT P5 THE TRUE PHOTOCOPY OF THE AADHAR CARD NO.466733760757 OF FATHER OF PETITIONER.

EXHIBIT P5(A) THE TRUE PHOTOCOPY OF THE AADHAR CARD NO.824386306893 OF MOTHER OF PETITIONER.

EXHIBIT P6 THE TRUE PHOTOCOPY OF THE COMMUNICATION THROUGH G.MAIL NO.P/N IN R/O ANIKRISHNAN M/ 4317297/2018 ON 26/12/2018.