Kerala High Court
Lakshmi Priya Nair vs The Central Board Of Secondary ... on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.2296 OF 2020(J)
PETITIONER:
LAKSHMI PRIYA NAIR,
AGED 22 YEARS,
D/O.K.PRAMOD KUMAR, SOPANAM EDATHIL HOUSE,
KAKKANCHERY.P.O, KOYILANDY, KOZHIKODE-673620.
BY ADVS.
SRI.SANTHARAM.P
SMT.REKHA ARAVIND
SRI.PAUL P. ABRAHAM
RESPONDENTS:
1 THE CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS REGIONAL OFFICER, PLOT NO.3,
J BLOCK, 16TH MAIN ROAD, ANNA NAGAR(WEST),
CHENNAI-600040.
2 THE CONTROLLER OF EXAMINATION,
CENTRAL BOARD OF SECONDARY EDUCATION,
PLOT NEW NO.3(OLD NO.1630-A), 16TH MAIN ROAD,
ANNA NAGAR(WEST), CHENNAI-600040.
3 KENDRIYA VIDYALAYA,
VAYUSENA NAGAR, NAGPUR, MAHARASHTRA-440007,
REP. BY THE PRINCIPAL.
4 KENDRIYA VIDYALAYA,
GOVINDAPURAM, CALICUT-673007,
REP. BY THE PRINCIPAL.
5 REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK-B,
2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM, PIN-695004, KERALA.
BY ADV. SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2296 OF 2020(J)
2
JUDGMENT
The petitioner, who underwent her
studies in the 3rd and 4th respondent schools
under the CBSE, is aggrieved by the rejection
of the application for correction of her name.
2. It is stated that petitioner's name
was shown as 'LAKSHMI PRIYA SREELATHA PRAMOD'
in Exts.P1 and P2 marks statements of
Secondary and Senior Secondary Examinations
respectively. In Ext.P4 Gazette dated
16.01.2018, it was notified that the name of
'Lakshmi Priya Sreelatha Pramod' has been
changed as 'Lakshmi Priya Nair' in all her
qualifying certificates, Grade Sheet cum
Certificate of performance, Register
No.4269961 issued on 19.05.2014, All India
Senior School Certificate Examination Marks
Statement with Roll No.4829439 issued on
21.05.2016 with CBSE, her Aadhaar Card as well
WP(C).No.2296 OF 2020(J)
as birth certificate. On the strength of
Ext.P4, petitioner requested for correction of
her name as 'LAKSHMI PRIYA NAIR'. As there was
no positive action, petitioner approached this
Court in W.P.(C) No.3920 of 2019 and by Ext.P5
judgment, this Court directed consideration of
her application on condition that she shall
remit a sum of Rs.5,000/- to the 5th
respondent. Ext.P6 order was passed thereafter
rejecting the application on the ground that
her name was shown as 'LAKSHMI PRIYA SREELATHA
PRAMOD' in the school records on the basis of
details furnished by her parents at the time
of admission. It is stated that the change
required by petitioner was not in respect of
mistake in spelling; but the name itself, for
which there is no provision after the
examinations as well as publication of results
were over. It is stated that if at all a
WP(C).No.2296 OF 2020(J)
change was required, that should have been
brought to the notice of the school
authorities before the completion of the
course/examination. It is also stated that as
per rule 69.1 of the Examination Bye Laws,
petitioner's claim could not be entertained.
3. The petitioner has filed this writ
petition aggrieved by Ext.P6 order pointing
out that despite the direction of this Court,
the 2nd respondent rejected the application.
4. The learned Standing Counsel has filed
a statement on behalf of respondents 1, 2 and
5, reiterating the contentions in Ext.P6
order. It is stated that in the Transfer
Certificates from the previous schools also,
the candidate's name was mentioned as 'LAKSHMI
PRIYA SREELATHA PRAMOD'; in the affidavit of
the petitioner's father, submitted at the time
of admission in the School also, the name of
WP(C).No.2296 OF 2020(J)
the mother given was the same. It is also
stated that as per clause 69.1(i) of the
Examination Bye Law, which provides for
changes in the surname of candidates,
application for the same can be considered
only if the change is admitted by a court of
law and notified in the Government Gazette
that too before publication of the result of
the candidate. In the case of the petitioner,
no application was submitted before the result
was published. It is also stated that Rule
69.1(ii) also does not permit correction as
what is permitted therein, is spelling
errors/typographical errors. In the case of
the petitioner, it is not considered as
typographical error.
5. I heard the learned counsel for the
petitioner as well as the learned Standing
Counsel for the respondent.
WP(C).No.2296 OF 2020(J)
6. Even under the provisions contained in
Clause 69.1 of the Examination Bye Law,
correction is permitted if it is published in
Gazette. The petitioner has submitted
application on the basis of the Gazette
notification, which provides for correction
in Exts.P1 and P2 certificates also. Moreover,
this Court had already directed the
respondents to consider her application on the
basis of the said Gazette notification.
Therefore there was no justification on the
part of the CBSE authorities to reject the
application of the petitioner when correction
is effected in all her official documents on
the basis of the said notification published
in the Gazette.
Accordingly, Ext.P6 is set aside.
There shall be a direction to the 5th
respondent to see that correction is effected
WP(C).No.2296 OF 2020(J)
in Ext.P1 and to the 1st respondent to see
that correction is effected in Ext.P2 marks
statements, within a period of two months from
the date of receipt of a copy of the judgment.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA
JUDGE
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WP(C).No.2296 OF 2020(J)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GRADE SHEET CUM
CERTIFICATE OF PERFORMANCE OF THE
PETITIONER IN SECONDARY SCHOOL EXAMINATION,
2014.
EXHIBIT P2 TRUE COPY OF MARK STATEMENT OF THE SENIOR
SCHOOL CERTIFICATE EXAMINATION, 2016.
EXHIBIT P3 TRUE COPY OF BIRTH CERTIFICATE.
EXHIBIT P4 TRUE COPY OF PAGE NUMBER 80 OF VOL VII OF
KERALA GAZETTE DATED 16TH JANUARY 2018.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 22.02.2019 IN
WP(C)NO.3920/2019.
EXHIBIT P6 TRUE COPY OF THE REJECTION ORDER DATED
20.09.2019 BY THE 5TH RESPONDENT.
