Aswani Balan vs Central Board Of Secondary ...
2021 Latest Caselaw 6717 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                      WP(C).No.28846 OF 2020(E)


PETITIONER:

               ASWANI BALAN
               AGED 29 YEARS
               D/O.BALAN K., ASWANI BHAVANAM, CLAPPANA, CLAPPANA
               P.O., KOLLAM DISTRICT - 690 525.

               BY ADVS.
               SRI.M.V.THAMBAN
               SRI.R.REJI
               SMT.THARA THAMBAN
               SRI.B.BIPIN
               SRI.ARUN BOSE

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION (CBSE)
               HEAD OFFICE, SIKSHA KENDRA-2, COMMUNITY CENTRE, PREET
               VIHAR, NEW DELHI, PIN - 110 092, REPRESENTED BY ITS
               SECRETARY.

      2        THE CONTROLLER OF EXAMINATIONS
               CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), HEAD
               OFFICE, SIKSHA KENDRA-2, COMMUNITY CENTRE, PREET
               VIHAR, NEW DELHI, PIN - 110 092.

      3        THE REGIONAL OFFICER
               CENTRAL BOARD OF SECONDARY EDUCATION, J BLOCK, 16TH
               MAIN ROAD, ANNA NAGAR (WEST), CHENNAI, TAMIL NADU -
               600 040.

      4        THE PRINCIPAL, ANGELS ARC ENGLISH MEDICM SCHOOL
               KALLUMMOOD, KAYAMKULAM, ALAPPUZHA, PIN - 690 502.

               R1-3 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28846 OF 2020(E)
                                2




                            JUDGMENT

Dated this the 25th day of February 2021

The petitioner herein studied in the fourth respondent

school. She passed out in 2008 and was issued with

Ext.P1 and Ext.P2 certificates. It showed her date of

birth as 15.05.1993. According to the petitioner, that

date of birth is wrong and occurred due to a mistake

conveying the date of birth to the school authorities at

the time of admission. That was carried forward and

recorded in Ext.P1 and Ext.P2 certificates. According to

the petitioner, the original date of birth is 15.07.1991 as

evidenced from Ext.P3, Ext.P4, Ext.P5 and Ext.P6. The

petitioner submitted Ext.P7 representation to the school,

which was not replied. Thereafter, an application for

correction was sent evidenced by Ext.P8 and Ext.P9.

2. The grievance of the petitioner is that unless

the date of birth shown in Ext.P1 and Ext.P2 are

corrected in accordance with the date of birth in the

remaining documents, Ext.P3 to Ext.P6, it will cause WP(C).No.28846 OF 2020(E)

irreparable injury to the petitioner.

3. The learned Counsel for the respondent

opposed the application contending that there was

unexplained long delay. In answer to it, the learned

Counsel for the petitioner relied on Ext.P7 which was a

letter issued to the fourth respondent on 26.07.2013.

Having considered the entire facts, I feel that since an

application was filed earlier which was not replied, the

respondent shall not be permitted to contend that there

was delay in the application.

4. Having considered the entire facts, I am

inclined to dispose of the writ petition as follows:

i) Petitioner shall file a fresh application

to the third respondent detailing the delay

and seeking appropriate relief. Copies of

Ext.P1 to Ext.P6 shall be placed along with

the above application;

ii) Petitioner shall also enclose a DD for

Rs.5,000/- (Rupees Five thousand only)

drawn in favour of the CBSE, Chennai Branch WP(C).No.28846 OF 2020(E)

as costs. Such application along with DD

shall be filed within three weeks from today.

iii) The petitioner shall enclose an

additional DD for a sum of Rs.1,500/-

(Rupees One thousand five hundred only) in

favour of the third respondent, as their

expenses for the above process.

iv) Third respondent shall carry out

correction of the date of birth in the school

records in accordance with Ext.P3 to Ext.P6

within a period of four weeks from the date of

receipt of application.

v) On such correction, the records shall

forthwith be forwarded to the Regional Office,

CBSE, Chennai, along with the DD for

Rs.5,000/- (Rupees Five thousand only).

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 four WP(C).No.28846 OF 2020(E)

weeks of receiving the records from the third

respondent along with DD.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/26-2 WP(C).No.28846 OF 2020(E)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE MARK LIST DATED 27/05/2008 OF THE PETITIONER IN RESPECT OF SECONDARY SCHOOL.

EXHIBIT P2 TRUE COPY OF THE PASS CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 27/05/2008 IN RESPECT OF SECONDARY SCHOOL EXAMINATION.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF BIRTH IN FORM NO.9 DATED 01/01/1998 ISSUED BY THE REGISTRAR OF BIRTH ND DEATH, QUILON.

EXHIBIT P4 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE EXTRACT OF THE PASSPORT.

EXHIBIT P6 TRUE COPY OF THE EXTRACT OF THE PANCARD OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE LETTER DATED 26/07/2013 ISSUED TO THE 4TH RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE APPLICATION FOR CORRECTION OF DATE OF BIRTH SUBMITTED THROUGH THE 4TH RESPONDENT AND TYPED COPY OF THE SAME.

EXHIBIT P9 TRUE COPY OF THE COVERING LETTER DATED 19/08/2013 OF THE 4TH RESPONDENT.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE