Nithin Jose vs Central Board Of Secondary ...
2021 Latest Caselaw 5409 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942

                    WP(C).No.23694 OF 2020(J)


PETITIONER/S:

            NITHIN JOSE
            AGED 23 YEARS
            S/O. JOSE, RESIDING AT THARAPPEL HOUSE, PARAMBA P.O.
            PARAPPA (VIA), KASARGOD DISTRICT 671 533.

            BY ADVS.
            SRI.BONNY BENNY
            SMT.JENCY JOSE

RESPONDENT/S:

      1     CENTRAL BOARD OF SECONDARY EDUCATION
            REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2,
            COMMUNITY CENTRE PREET VIHAR, DELHI 110 30.

      2     REGIONAL OFFICER,
            CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3,
            OLD NO. 1630 A "J" BLOCK, 16TH MAIN ROAD,
            ANNA NAGAR WEST, CHENNAI 600040.

      3     THE PRINCIPAL,
            JAIMATHA SENIOR SECONDARY SCHOOL ULIYATHADUKA,
            SHIRIBAGILU P.O. KUDLU VIA,
            KARASAGOD DISTRICT 671 124.

            BY SRI.S.NIRMAL, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23694 OF 2020(J)
                                 2




                            JUDGMENT

The petitioner studied for CBSE in the third

respondent school and passed in the year 2013. Ext.P2

certificate was issued to him. According to the

petitioner, the original date of birth of the petitioner is

20.01.1997. However, due to a wrong entry made at

the time of admission, in Ext.P2 certificate, the date of

birth was wrongly entered as 21.01.1997. Petitioner

sought for correction of the date of birth, which was

rejected as time barred. Hence the petitioner has

approached this court.

2. Heard the learned counsel for the petitioner

and the learned standing counsel for the CBSE, who has

filed a statement. According to the petitioner, the

correct date of birth is evidenced by Exts.P3 to P5

documents. It disclosed that the date of birth is

20.01.1997. Ext.P1 is the birth certificate issued by the

Registrar of Birth and Death, which disclosed the date of WP(C).No.23694 OF 2020(J)

birth as 20.01.1997.

3. It seems that the correct date of birth is

evidenced by the above documents. The learned

counsel for the petitioner explained that the wrong

entries were made due to the laches on the part of the

school authority at the time of entering the details,

which was noted only recently. I feel that the delay has

been satisfactorily explained by the petitioner. Having

considered this, I am inclined to dispose of the Writ

Petition with the following directions:

i). Petitioner shall file a fresh application to the

second respondent requesting for correcting the date of

birth and the name of father. Copy of Ext.P1 shall be

placed along with the application proposed to be filed.

ii). Applicant shall also enclose a DD for Rs. 5,000/-

(Rupees five thousand only)drawn in favour of the CBSE,

Chennai Branch as costs. The above application along

with DD shall be filed within three weeks from today.

iii). The petitioner shall also additionally remit a

sum of Rs.1,500/- ( Rupees one thousand five hundred WP(C).No.23694 OF 2020(J)

only) in the office of the second respondent as their

administrative expenses.

iv). 2nd respondent, after verifying the documents

filed shall carry out correction of the date of birth and

name of father in the school records in accordance with

Ext.P1 within a period of three weeks from the date of

receipt of application.

v). On such correction, the records shall be

forthwith forwarded to the Regional Office, CBSE,

Chennai, along with the DD. The CBSE, Chennai shall

process the above application and take steps for issuing

necessary certificate with corrected date of birth. This

shall be completed within three weeks of receiving the

records from the second respondent along with DD.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.23694 OF 2020(J)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE PHOTOSTAT COPY OF BIRTH CERTIFICATE OF THE PETITIONER DATED 30/03/2005 ISSUED FROM THE REGISTRAR OF BIRTH AND DEATH KANHANGAD MUNICIPALITY.

EXHIBIT P2 THE PHOTOSTAT COPY OF SECONDARY SCHOOL EXAMINATION 2013, CLASS X GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF THE PETITIONER.

EXHIBIT P3 THE PHOTOSTAT COPY OF APPLICATION FOR ADMISSION TO STD IX OF THE PETITIONER DATED 01/07/2011.

EXHIBIT P4 THE PHOTOSTAT COPY OF EXTRACT OF ADMISSION REGISTER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 THE PHOTOSTAT COPY OF TRANSFER CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 THE PHOTOSTAT COPY OF THE LETTER DATED 20/12/2019 AND THE APPLICATION FORWARDED FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P7 THE PHOTOSTAT COPY OF ORDER DATED 30/01/2020 ISSUED BY THE 2ND RESPONDENT.

   RESPONDENT'S/S EXHIBITS           NIL