Rohith S vs Central Board Of Secondary ...
2021 Latest Caselaw 6464 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942

                      WP(C).No.25566 OF 2020(U)


PETITIONER:

               ROHITH S.,
               AGED 30 YEARS
               S/O.SASIDHARAN,
               REPRESENTED BY POWER OF ATTORNEY MR.SASIDHARAN,
               RESIDING AT SREEPRABHADAM,
               ERATTACHIRA,
               PULIMATHU VILLAGE,
               CHIRAYINKEEZHU TALUK,
               THIRUVANANTHAPURAM-695 304

               BY ADV. SHRI.M.DINESH

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION
               REGIONAL OFFICE,
               REP. BY THE RGIONAL OFFICER,
               1630-A, J -BLOCK,
               ANNANAGAR WEST,
               CHENNAI- 600 040

      2        THE PRINCIPAL
               RAJA RAVI VARMA CEN SCH,
               KILIMANOOR P.O.,
               THIRUVANANTHAPURAM,
               PIN CODE 695601

               R1 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.25566 OF 2020

                                       2




                                 JUDGMENT

Dated this the 23rd day of February 2021

The petitioner completed his secondary

school education from the second respondent school,

in the year 2006. The school was affiliated to the

Central Board of Secondary Education. The petitioner

was issued with certificates, which are Exts.P1 and

P2. According to the petitioner, his date of birth

as seen in the Ext.P3 Birth Certificate is

15.05.1990. However in Exts.P1 and P2, it is seen

recorded as 15.05.1991. The petitioner submitted a

representation before the first respondent, seeking

a correction of this date, which was rejected by

Ext.P4. Aggrieved by it, the petitioner has

approached this Court for appropriate action.

2. Notice was served on the second

respondent but has not chosen to appear before this

Court.

3. The first respondent has filed a

statement contenting that, there is a substantial WP(C).No.25566 OF 2020

change of one year is sought. It was also contented

that, though Ext.P4 rejection order was issued, that

has not been specifically challenged in the writ

petition. The learned counsel for the first

respondent further contented that, the correction

sought is beyond the scope of a correction permitted

under the Rules applicable to the C.B.S.E.

4. After having considered the entire

facts, I am satisfied that, a mistake has crept in

the School records. It seems that, there is a

substantial difference in the year, by itself shall

not stand in the way of reliefs being granted to the

aggrieved persons, in the light of series of

decisions laid down by this Court.

Having considered this, I am inclined to

dispose of the writ petition, on the following

terms;

(i) The petitioner shall submit a

fresh application for correction, before the

second respondent. He shall also enclose a

demand draft for a sum of Rs.5,000/-(Rupees WP(C).No.25566 OF 2020

Five Thousand Only) payable to the first

respondent as cost for the delay, that has

occurred in approaching the authority.

(ii). The petitioner shall produce

the records evidencing his date of birth

along with the application.

(iii). A further demand draft for a

sum of Rs.1,500/-(Rupees One Thousand Five

Hundred Only) payable in favour of the second

respondent shall also be enclosed for

administrative expenses.

(iv).On receipt of such application,

the second respondent, after being satisfied

about Ext.P3, make necessary corrections in

the school register, within a period of four

weeks from the date of production of a copy

of this judgment.

(v). Thereafter, the corrected

records along with the judgment of this Court

and the demand draft for Rs.5,000/- shall be

forwarded to the first respondent, who shall WP(C).No.25566 OF 2020

there upon issue fresh certificates with

corrected date, within six weeks from the

date of receipt of records from the second

respondent.

The writ petition is disposed of accordingly.

Sd/-

                                           SUNIL THOMAS
                                                 JUDGE
Jms                          //True Copy//      P.A to Judge
 WP(C).No.25566 OF 2020





                             APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE MARKS STATEMENT DATED

27.5.2006 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF CERTIFICATE DATED 27.5.2006 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER IN ALL INDIA SECONDARY SCHOOL EXAMINATION, 2006

EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE NELLANAD GRAMA PANCHAYAT DATED 20.12.2016

EXHIBIT P4 TRUE COPY OF ORDER 18/6/2020 ISSUED BY THE 1ST RESPONDENT //True Copy// P.A to Judge