Murali P.N vs Central Board Of Secondary ...
2021 Latest Caselaw 6213 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                       WP(C).No.1293 OF 2021(J)


PETITIONER:

               MURALI P.N.,
               AGED 50 YEARS,
               S/O. NARAYANAN NAIR P., VIMELY HOUSE, P.O. PADDY,
               KODALY, THRISSUR, PIN - 680 699.

               BY ADVS.
               SRI.SHEEJO CHACKO
               SMT.LAYA SIMON

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION,
               COMMUNITY CENTRE, PREETHI VIHAR,
               NEW DELHI, PIN - 111 092,
               REPRESENTED BY ITS SECRETARY.

      2        REGIONAL OFFICER,
               CENTRAL BOARD OF SECONDARY EDUCATION,
               REGIONAL OFFICER, LIC DIVISIONAL OFFICE,
               THIRUVANANTHAPURAM , KERALA, PIN - 695 004.

      3        SREE NARAYANA VIDYA MANDIR,
               CENTRAL SCHOOL, KODALY P.O. PADDY, PIN - 680 699,
               THRISSURE DISTRICT,
               REPRESENTED BY ITS PRINCIPAL.

               BY ADV. BY SRI.NIRMAL S., SC, CBSE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1293 OF 2021(J)

                                  2


                             JUDGMENT

The petitioner is aggrieved by

Ext.P16 order of 2nd respondent rejecting the

application for correction in the name of

the parents of Manikandan.M in the mark

statements.

2. Petitioner's son Manikandan.M passed

the Secondary School Examination from 3rd

respondent School governed by CBSE, in the

year 2018. In Ext.P1 mark statement, the

name of the mother of Manikandan has been

entered as 'Kala'. The name of the

petitioner, who is the father of the student

is entered as 'Murali'.

3. Producing Ext.P2 Birth Certificate,

the petitioner had in Ext.P9 application

requested for correction of the name of the

father (petitioner) as Murali P.N and that

of the mother as 'Kaladevi P.' in the school WP(C).No.1293 OF 2021(J)

records and in Exts.P1 and P2 mark

statements of Manikandan M. Petitioner had

produced Ext.P3 certificate obtained on

04.01.2019 from the Superintendent of

Government Medical College hospital,

Trissur, where Manikandan was born; Ext.P4

certificate from the Village Officer to show

that 'Kala' and 'Kaladevi' are one and same

and the first page of her SSLC book, along

with her Pan card and Aadhaar card in which

her name was entered as 'Kaladevi.P'. It is

stated that Ext.P8 application was submitted

along with all these documents, for

correction of the name of the father and

mother of Manikandan. As per Ext.P10

communication, the correction sought in the

case of father was allowed and that of the

mother was rejected. Petitioner thereafter

submitted another application Ext.P11 for WP(C).No.1293 OF 2021(J)

correction of the name of mother and the

same was rejected as per Ext P12 e-mail.

Petitioner challenged the same filing W.P.

(C) No.63 of 2020 and this Court as per

Ext.P13 judgment dated 05.03.2020, directed

the 3rd respondent to carry out necessary

correction in the school records taking note

of the documents produced and thereafter to

forward the same to the 2nd respondent, with

a further direction to the 2nd respondent to

consider the application within a further

period of six weeks. However as per Ext.P16

order, the 2nd respondent rejected the same

stating that the no steps for correction was

taken during the period of study of the

student in the school. It was also stated

that the correction sought was not

consistent with the entries in the school

records and stated that all the documents WP(C).No.1293 OF 2021(J)

produced in support of the claim for

correction, were received only after the

issuance of revised birth Certificate on

19.01.2019, which was after the publication

of the results of Class X of the student. It

was stated that the correction was not

permissible under the Rules 69.1(i) and

(iii) of the Examination Bye-laws.

4. The 2nd respondent found that there

was no inadvertent error or oversight in

entering the name of mother in the marks

Certificate and in case, any correction was

required, steps should have been taken at

any time between 2007 and 2018. It was also

stated that the Board cannot be expected to

carry out corrections in tune with

production of revised documents by the

applicants in violation of Examination Bye-

laws.

WP(C).No.1293 OF 2021(J)

5. The learned Standing Counsel has

filed a statement reiterating the contents

of the impugned order and stating that

correction is not permissible based on

documents obtained after publication of

results of secondary School examination.

6. Heard both sides.

7. This Court has already considered

the case of the petitioner in Ext.P13

judgment. Based on the directions therein

the 3rd respondent has effected correction

in the school records. Therefore the 2nd

respondent has to consider those school

records as corrected while considering the

same whether it is in consonance with school

records. But the 2nd respondent has rejected

the application for correction in the name

of the mother of the student on the same

contentions. Even otherwise, the correction WP(C).No.1293 OF 2021(J)

is sought on the basis of Ext.P2 Birth

Certificate issued by a statutory authority,

which the 2nd respondent has to accept. It is

also relevant to note that correction to the

name of the mother of student was sought on

the basis of the entries in documents like

the SSLC book of the mother, which cannot be

said to be obtained after the publication of

the students' examination or Ext.P1 mark

statement.

8. Petitioner or his son is not taking

any undue advantage while seeking the

correction of the name of the mother in the

mark statement. When correction is sought on

the strength of documents issued by

statutory authorities, the 2nd respondent has

to act upon it. Petitioner has pointed out

that the refusal to correct the name would

result in denial of the benefits, which WP(C).No.1293 OF 2021(J)

would be admissible to the student. Even

otherwise the 3rd respondent has effected

corrections in the school records, as

directed by this Court. Therefore the

materials, based on which correction is

sought, are liable to be treated as those

accepted by this Court in Ext.P13 judgment.

Therefore, the rejection of

application even after the production of all

the documents, which the respondents

themselves sought in disregard of the

observations of this Court in Ext.P13

judgment, is illegal and hence Ext.P16 is

set aside. The 2nd respondent shall pass

fresh orders in the light of the documents

Exts.P2 to P7 incorporating the correction

in the name of the mother of the student,

Manikandan.M, as requested in Ext.P8

application, within a period of two months WP(C).No.1293 OF 2021(J)

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.1293 OF 2021(J)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE MARK STATEMENT ISSUED TO THE PETITIONER'S SON BY CBSE FOR SECONDARY SCHOOL EXAMINATION.

EXHIBIT P2 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO PETITIONER'S SON IS DATED 19/1/2019.

EXHIBIT P3 THE TRUE COPY OF THE PROCEEDINGS OF SUPERINTENDENT DATED 4/01/2019.

EXHIBIT P4 THE TRUE COPY OF THE ONE AND THE SAME CERTIFICATE ISSUED TO THE PETITIONER'S WIFE.

EXHIBIT P5 THE TRUE COPY OF THE IST PAGE OF THE SSLC BOOK OF PETITIONER'S WIFE KALADEVI.

EXHIBIT P6 THE TRUE COPY OF THE PAN CARD ISSUED TO PETITIONER'S WIFE.

EXHIBIT P7 THE TRUE COPY OF THE AADHAR CARD ISSUED TO PETITIONER'S WIFE.

EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 28/1/2019.

EXHIBIT P9 THE TRUE COPY OF THE APPLICATION.

EXHIBIT P9 (A) THE TRUE COPY OF THE COVERING LETTER DATED 30/1/2019 ADDRESSED TO THE 2ND RESPONDENT BY THE PRINCIPAL.

EXHIBIT P10 THE TRUE COPY OF THE EMAIL COMMUNICATION DATED 12/02/2019 FROM 2ND RESPONDENT.

EXHIBIT P11 THE TRUE COPY OF THE APPLICATION DATED 20/6/2019.

WP(C).No.1293 OF 2021(J)

EXHIBIT P12 THE TRUE COPY OF THE EMAIL DATED 11/07/2019.

EXHIBIT P13 THE TRUE COPY OF THE JUDGMENT DATED 5/3/2020 IN WPC NO.63/20 ON THE FILES OF THIS HON'BLE HIGH COURT.

EXHIBIT P14 THE TRUE COPY OF THE SERVICE CERTIFICATE DATED 15/9/2020 ISSUED BY THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION.

EXHIBIT P15 THE TRUE COPY OF THE REGISTRATION CARD ISSUED TO THE PETITIONER'S SON BY CBSE.

EXHIBIT P16 THE TRUE COPY OF THE ORDER DATED 10/12/2020.

EXHIBIT P17 THE TRUE COPY OF THE JUDGMENT IN WA NO.

1421/2020.