Kerala High Court
Pavithra P Venu vs Central Board Of Secondary ... on 26 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942
WP(C).No.2401 OF 2021(A)
PETITIONERS:
PAVITHRA P VENU, AGED 21 YEARS
D/O. VENU T, KRISHNA KRIPA, R.G. 210 (I),
E.K. NAYANAR ROAD, KOCHULLOOR,
THIRUVANANTHAPURAM-695 011
BY ADVS.
SRI.S.SUBHASH CHAND
SMT.A.M.FOUSI
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW
DELHI, DELHI 110 092, REPRESENTED BY ITS SECRETARY.
2 THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR,
NEW DELHI, DELHI 110 092.
3 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK-B, SECOND
FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695 004
4 ADDL. R4. THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, OLD
NO.1630 A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR,
CHENNAI-600040.
(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
22/02/2021 IN IA 1/2021 IN WPC 2401/2021)
5 ADDL. R5. MAR GREGORIOUS MEMORIAL CENTRAL PUBLIC
SCHOOL,
KARIMANAL, THIRUVANANTHAPURAM.
(ADDITIONAL R5 IS SUO MOTU IMPLEADED AS PER ORDER
DATE 22/02/2021 IN WPC NO. 2401/2021)
R1-3 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).2401/2021
2
JUDGMENT
Petitioner was a student of the 5th respondent/school from where
she completed her CBSE examination. Before that, she had studied at
Kendriya Vidhyalaya O.N.G.C., Rajamandri, Andhra Pradesh. She was
issued with Exts.P3 and P4 certificates which showed her date of birth
as 27.03.1999. According to the petitioner, she was actually born on
27.04.1999 evidenced by Ext.P7. Ext.P11 representation was submitted
for correcting the above records in tune with the birth certificate. This
was not appreciated by the CBSE. Consequently, petitioner has
approached this Court seeking reliefs.
2. It seems that the additional 5th respondent and the school at
Rajamandri are under the jurisdiction of the 4 th respondent. Since
additional 4th respondent is already on record and considering the fact
that the petitioner has survived a serious ailment and that, she requires
further continued education urgently, the school at Rajamadri was not
brought on record. Essentially, directions to the school can be
implemented through its higher office.
3. Having considered the prayer made by the petitioner and
having regard to the decision reported in Subin Muhammed S. V.
Union of India and Others (2016 KHC 103) and the decision
referred in Ext.P9, I am inclined to permit the prayer sought by the
W.P(C).2401/2021
petitioner, after hearing the learned counsel for the petitioner and the
learned Standing Counsel for the CBSE. Accordingly, Writ Petition is
allowed as follows:
(i) Petitioner shall file a fresh application to the
additional 5th respondent requesting for correction of the
date of birth. Copy of Ext.P7 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. Such application along with DD
shall be filed within three weeks from today.
(iii) Additional 5th respondent shall carry out correction
of the date of birth in the school records in accordance
with Ext.P7 within a period of three weeks from the date
of receipt of application.
(iv) 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 four weeks of receiving the records from the
additional 5th respondent along with DD.
(v) The petitioner shall also additionally remit a sum of
Rs.1,500/- (Rupees one thousand five hundred only) in the
office of additional 5th respondent as their expenses for
the above process.
The Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).2401/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEGREE CERTIFICATE DATED
28.10.2020 AWARDED BY THE APJ ABDUL KALAM
TECHNOLOGICAL UNIVERSITY,
THIRUVANANTHAPURAM
EXHIBIT P2 TRUE COPY OF THE TRANSFER CERTIFICATE
BEARING NO. 8084/2020 DATED 2.11.2020 FROM
THE COLLAGE OF ENGINEERING
THIRUVANANTHAPURAM ISSUED TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE GRADE SHEET CUM
CERTIFICATE OF PERFORMANCE IN THE SECONDARY
SCHOOL EXAMINATION OF THE PETITIONER DATED
19.5.2014 ISSUED BY THE CONTROLLER OF
EXAMINATIONS UNDER RESPONDENT NO.1.
EXHIBIT P4 TRUE COPY OF THE ALL INDIA SENIOR SCHOOL
CERTIFICATE EXAMINATION 2016 DATED
21.5.2016 ISSUED BY THE CONTROLLER OF
EXAMINATIONS UNDER RESPONDENT NO.1.
EXHIBIT P5 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
21.11.2017 ISSUED BY DR. V.P. GANGADHARAN
M.D M.D DM OF LAKESHORE HOSPITAL,KOCHI
EXHIBIT P6 TRUE COPY OF THE MEDICAL CERTIFICATE DATED
10.02.2020 ISSUED BY DR. JAYAPRAKASH P.G OF
SUPER SPECIALTY HOSPITAL, PATTOM ,
THIRUVANANTHAPURAM.
EXHIBIT P7 TRUE COPY OF THE BIRTH CERTIFICATE DATED
1.07.2020 ISSUED BY THE REGISTRAR OF BIRTS
AND DEATHS OF THRIPUNITHURA MUNCIPALITY.
EXHIBIT P8 TRUE COPY OF THE RULING OF THIS HON'BLE
COURT IN SUBIN MOHAMMED S.V. UNION OF INDIA
AND OTHERS (2016 KHC 103).
EXHIBIT P9 TRUE COPY OF THE RULING OF THIS HON'BLE
COURT IN BRIAN JULIOUS ROY V. CENTRAL BOARD
OF SECONDARY EDUCATION AND OTHERS (2019 KHC
W.P(C).2401/2021
2792).
EXHIBIT P10 TRUE COPY OF THE RULING OF THIS HON'BLE
COURT IN KASHISH GUPTA V. CENTRAL BOARD OF
SECONDARY EDUCATION (2020 (3) KHC 34).
EXHIBIT P11 TRUE COPY OF THE REQUEST/RERESENTATION
DATED 24.12.2020 SUBMITTED BY THE
SEEKING CORRECTION OF HER DATE OF BIRTH IN
HER QUALIFICATION CERTIFICATES AND
CONNECTED RECORDS SO AS TO MAKE THEM TALLY
WITH HER DATE OF BIRTH IN EXHIBIT P7 BIRTH
CERTIFICATE.
