Kerala High Court
Benjamin Saju George vs The Regional Officer on 14 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942
WP(C).No.23725 OF 2020(M)
PETITIONER:
BENJAMIN SAJU GEORGE
AGED 21 YEARS
S/O.SAJU GEORGE C., CHERUVATHUR HOUSE, NEAR ORTHODOX
CHURCH, UCC P.O., ALUVA, ERNAKULAM-683 102
BY ADVS.
SRI.M.J.SANTHOSH
SRI.M.P.ITTIACHAN
RESPONDENTS No.1 & 2:
1 THE REGIONAL OFFICER.
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
OFFICE, 2ND FLOOR, BLOCK -B, LIC DIVISIONAL OFFICE
CAMPUS, PATTOM, THIRUVANANTHAPURAM -695 004
2 THE PRINCIPAL
THE CHOICE SCHOOL (O6640/75099), THRIPUNITHURA,
ERNAKULAM DIST-682 301
R1 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.23725 OF 2020(M)
2
JUDGMENT
Dated this the 14th day of January 2021
The petitioner is challenging the rejection of his
application for correction of the name of his parents
in the examination records, Exts.P1 to P3.
2. The petitioner passed his 10th standard in the
year 2015. After under going his study in the 2 nd
respondent's School, he appeared in the Secondary
School Examination. In the certificates, Exts.P1 to
P3, issued by the CBSE, the name of his father is shown
as 'SAJU GEORGE' and that of his mother is shown as 'P
LEENA KUMARI'. In the Birth certificate of the
petitioner, Ext.P4, the name of the parents are shown
as ' SAJU GEORGE C' and 'P LEENA KUMARI' respectively.
The petitioner submitted an application for correction
of the examination records, which was rejected as per
Ext.P10 on the ground that the provisions contained in
the Examination-Bye-Laws would not permit the same.
The petitioner also produced the 'Aadhaar Card', Ext.P5
and the School records of his father and mother,
WP(C).No.23725 OF 2020(M)
Exts.P6 and P7, apart from the Election identity cards
Exts.P8 and P9 in respect of the claim for correction.
3. The learned Standing counsel for the 1st
respondent has filed a statement re-iterating the
contents of Ext.P10. It is stated that as per the
amended Bye-laws, clause 69.1(i), the correction of the
name of parents is allowed only if there is a court
order and that can be only before the publication of
the results of the candidates. It is further stated
that, as per Clause 69.1(i) the correction envisaged is
in respect of typing errors and if the application is
submitted along with all relevant documents. It is
stated that, on the basis of Birth certificate issued
subsequent to the publication of results of the
petitioner, the correction can not be allowed.
4. Heard the learned counsel for the petitioner as
well as the learned Standing counsel appearing for the
respondents.
5. It is seen that the petitioner has approached
the respondents within the permissible time. Exts.P1
to P3 certificates were issued in the year 2015 and
WP(C).No.23725 OF 2020(M)
2017 and the application was submitted on 24.02.2020.
The request has been made on the basis of the
certificates issued by the statutory authorities. On
the basis of such entries, the respondents can not
reject the application on the ground that Ext.P4 was
issued subsequent to the publication of results.
In the above circumstances, Ext.P10 order passed by
the 1st respondent is set aside. There shall be a
direction to the 1st respondent to re-consider the
application of the petitioner and to see that
correction is effected in tune with the request made in
the application as well as in tune with the entries in
the Birth certificate, Ext.P4 within a period of two
months from the date of receipt of a copy of the
judgment.
The Writ petition is accordingly disposed of.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C).No.23725 OF 2020(M)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF MARK LIST OF THE SECONDARY
SCHOOL EXAMINATION OF THE PETITIONER
EXHIBIT P2 THE TRUE COPY OF 'SENIOR SCHOOL CERTIFICATE
EXAMINATION' OF THE PETITIONER
EXHIBIT P3 THE TRUE COPY OF 'PASS CERTIFICATE' OF
SENIOR SCHOOL CERTIFICATE EXAMINATION OF
THE PETITIONER
EXHIBIT P4 THE TRUE COPY OF BIRTH CERTIFICATE OF THE
PETITIONER
EXHIBIT P5 THE TRUE COPY OF AADHAR CARD OF THE
PETITIONER
EXHIBIT P6 THE TRUE COPY OF EXTRACT OF SCHOOL RECORDS
OF THE PETITIONER'S MOTHER
EXHIBIT P7 THE TRUE COPY OF SSLC BOOK OF THE
PETITIONER'S FATHER
EXHIBIT P8 THE TRUE COPY OF ELECTION IDENTITY CARD OF
THE PETITIONER'S MOTHER
EXHIBIT P9 THE TRUE COPY OF ELECTION IDENTITY CARD OF
THE PETITIONER'S FATHER
EXHIBIT P10 THE TRUE COPY OF ORDER OF 1ST RESPONDENT
DATED 28.9.2020
RESPONDENTS EXHIBITS : NIL
//TRUE COPY//
PA TO JUDGE
