Kerala High Court
Asna Nizarudeen vs The Regional Officer on 22 February, 2021
W.P(c).No.28726/2020-M 1
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.28726 OF 2020(M)
PETITIONER/S:
ASNA NIZARUDEEN,
AGED 19 YEARS,
D/O. NISSARUDHEEN V.A, VALANCHIRA, VANDANAM P.O.
AMBALAPUZHA, ALAPPUZHA 688 005.
BY ADV. SRI.MATHEW JAMES
RESPONDENTS:
1 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
OFFICE, ANNA NAGAR, NEW NO. 3, J BLOCK,
CHENNAI 600 040.
2 CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS REGIONAL OFFICER, REGIONAL
OFFICE, LIC DIVISIONAL OFFICE CAMPUS, BLOCK B,
2ND FLOOR, PATTOM, THIRUVANANTHAPURAM 695 004.
3 THE PRINCIPAL,
ST. ALLOYSIUS SCHOOL, CBSE AFFILIATION NO.930237,
PUNNAPRA P.O. ALAPPUZHA 688 004.
R1-2 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:
W.P(c).No.28726/2020-M 2
P.V.ASHA, J.
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W.P(c) No.28726 of 2020 - M
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Dated this the 22nd day of February, 2021
JUDGMENT
The petitioner, who passed the Secondary School Examination from the 3 rd
respondent school which is governed by the CBSE- the 2 nd respondent, has filed
this Writ Petition aggrieved by Ext.P8 order by which the request for correction of
the name of her parents is rejected.
2. In Exts.P5 and P6 mark statements and P7 migration certificate issued
by the CBSE on 29.05.2018, 13.07.2020 and 24.08.2020 respectively, the name of
her parents are shown as `Resilathu Nizan' and `Nizarudeen. It is stated that in
Ext.P1 birth certificate of the petitioner issued on 28.01.2020, Ext.P2 Aadhar card
and Ext.P3 School Leaving Certificate of the petitioner's mother and Ext.P4
Aadhar card of the petitioner's father, the name of his father and mother are shown
as `Nissarudheen V.A' and `Rasalathuniza N'. The petitioner had submitted
application for correction of the name of her parents in the marks statement, on the
strength of those documents. The application was rejected as per Ext.P8 order
dated 28.09.2020 stating that the request for change and correction in the name
cannot be allowed as per clause 69.1(i) as well as 69.1(ii) of the Examination
Byelaw. It is stated that as per clause 69.1, the application regarding changes in
name or surname will be considered only if the changes have been notified in
Government gazette and admitted by court of law before publication of the result
of the candidate and that the petitioner had submitted her application on the basis
of the birth certificate obtained after publication of the results of the examinations.
The respondents found that the name of the parents were entered in the school
records on the basis of the details provided by the parents themselves and no steps
were taken for correction of the same when the petitioner was studying.
3. The learned Standing Counsel has filed a statement in tune with the
contents of Ext.P8 order and pointing out the relevant provisions in clause 69.1(i)
and 69.1(ii) of the Examination Byelaws. It is further stated thatin admission form
of the petitioner in LKG, the name of her parents were recorded as `Niza' and
`Nizarudheen' and they had signed a declaration as to the correctness of the
particulars so entered. It is further stated that in the admission and withdrawal
register and T.C, the name of the father was shown as `Nizaruddeen A'; the name
of the mother and father were recorded as Rasilathuniza and Nizaruddeen A in the
admission form for Std.VIII originally and subsequently father's name was
changed to Nizarudeen A on 20.4.2015 in the admission and withdrawal register.
It is further stated that again at the time of registration for class X examination in
2018 their names were seen entered as `Resilathu Nizan' and `Nizarudeen'. At that
time also, it was stated that an undertaking was given by the parents as to the
correctness of the details. Therefore, the 2nd respondent found that the school
records had not been consistent. Even after changing the name of the parents from
time to time, the petitioner has been requesting for further correction. The 2 nd
respondent found that recurrent corrections cannot be allowed and the present
request is on the basis of a birth certificate obtained in January, 2020.
4. Though it is stated by the respondents that the change of name of the
petitioner's parents had been effected on their own undertaking and there had been
recurrent changes in their names entered in the school records, the present request
by the petitioner is seen made on the basis of a document which is issued by a
statutory authority, i.e the birth certificate Ext.P1. The said certificate was issued
when the petitioner was studying in 12 th standard. When the petitioner has
requested for a change in the name of the parents on the basis of the birth
certificate Ext.P1, issued by a statutory authority and when it is supported by
Exts.P2 to P4, there is no reason why the 2nd respondent should not accept the same.
This Court has in a series of cases issued directions to the respondents to effect
correction on the basis of the birth certificate issued by a statutory authority.
5. In such circumstances, Ext.P8 order is set aside. There shall be a
direction to the 2nd respondent to reconsider the application of the petitioner and to
effect correction in the name of petitioner's parents in tune with the entries in
Ext.P1 birth certificate within a period of two months from the date of receipt of a
copy of this judgment.
The Writ Petition is disposed of accordingly.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE DTD
28.01.2020 ISSUED BY THE OACHIRA GRAMA
PANCHAYAT, KOLLAM.
EXHIBIT P2 TRUE COPY OF THE AADHAR CARD NO.
379370934685 ISSUED TO THE PETITIONER'S
MOTHER RASALATHUNIZA N.
EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF SCHOOL
LEAVING CERTIFICATE ISSUED TO PETITIONER'S
MOTHER RASALATHUNIZA N.
EXHIBIT P4 TRUE COPY OF ADHAAR CARD NO. 8762 5294 6345
OF PETITIONER'S FATHER NISSARUDHEEN V.A.
EXHIBIT P5 TRUE COPY OF CERTIFICATE DTD. 29.05.2018
ISSUED BY CONTROLLER OF EXAMINATIONS, CBSE.
EXHIBIT P6 TRUE COPY OF CERTIFICATE DTD. 13.07.2020
ISSUED BY CONTROLLER OF EXAMINATIONS CBSE.
EXHIBIT P7 TRUE COPY OF MIGRATION CERTIFICATE NO.
2838337 DTD. 24.08.2020 ISSUED BY REGIONAL
OFFICER (ASSISTANT SECRETARY) C.B.S.E.
EXHIBIT P8 A TRUE COPY OF ORDER No. CBSE/RO-TVPM/M&M-
2929/2019 DTD. 28.09.2020 ISSUED BY 2ND
RESPONDENT TO THE 3RD RESPONDENT.
