Mishael Susan Santhosh vs Central Board Of Secondary ...
2021 Latest Caselaw 1636 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                      WP(C).No.26459 OF 2020(F)


PETITIONERS:

      1        MISHAEL SUSAN SANTHOSH,
               AGED 15(MINOR),
               D/O SANTHOSH ABRAHAM, KANDATHIL HOUSE,
               KOTTONAM LANE, THAIKKATTUKKARA P.O., ALUVA,
               ERNAKULAM, PIN-683 106,
               REPRESENTED BY HER FATHER,
               SANTHOSH ABRAHAM, AGED 48, S/O.ABRAHAM,
               KANDATHIL HOUSE, KOTTONAM LANE,
               THAIKKATTUKKARA P.O., ALUVA,
               ERNAKULAM, PIN-683 106.

      2        NICHOLE LUCY SANTHOSH,
               AGED 13 (MINOR), D/O SANTHOSH ABRAHAM,
               KANDATHIL HOUSE, KOTTONAM LANE,
               THAIKKATTUKKARA P.O., ALUVA,
               ERNAKULAM, PIN-683 106,
               REPRESENTED BY HER FATHER,
               SANTHOSH ABRAHAM, AGED 48, S/O ABRAHAM,
               KANDATHIL HOUSE, KOTTONAM LANE,
               THAIKKATTUKKARA P.O., ALUVA,
               ERNAKULAM, PIN-683 106.

      3        SANTHOSH ABRAHAM,
               AGED 48 YEARS,
               S/O.ABRAHAM, KANDATHIL HOUSE, KOTTONAM LANE,
               THAIKKATTUKKARA P.O., ALUVA,
               ERNAKULAM, PIN-683 106.

               BY ADVS.
               SRI.K.R.VINOD
               SMT.M.S.LETHA
               SRI.NABIL KHADER
               KUM.K.S.SREEREKHA

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION,
               REPRESENTED BY THE SECRETARY, REGIONAL OFFICE,
               J BLOCK 16TH MAIN ROAD, ANNA NAGAR (WEST),
               CHENNAI, PIN-600 040.
 WP(C).No.26459 OF 2020(F)

                               2

      2      THE REGIONAL OFFICER,
             CBSE REGIONAL OFFICE, 2ND FLOOR, BLOCK-B,
             LIC DIVISIONAL OFFICE CAMPUS, PATTOM P.O.,
             THIRUVANANTHAPURAM, PIN-695 004.

      3      THE PRINCIPAL,
             RAJAGIRI PUBLIC SCHOOL, KALAMASSERRY,
             ERNAKULAM, PIN-683 104.

             BY ADVS. SRI.NIRMAL S., SC, CBSE
                      SRI.V.SRI NATH

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26459 OF 2020(F)

                                         3

                                   JUDGMENT

The grievance of the petitioners in

this writ petition is that the 3rd respondent is

not accepting the application for correction of

the name of the 3rd petitioner in the school

records of the petitioners 1 and 2, who are

studying in the classes 10 and 8 respectively,

in the 3rd respondent school.

2. Relying on the Gazette notification

published in Kerala Gazette as per Ext.P6 on

10.11.2020, the petitioners point out that the

name of 3rd petitioner, who is the father of

petitioner's 1 and 2 was changed from,

'Santhosh Kumar Kandathil Abraham alias

Santhosh Kumar K.A' as 'Santhosh Abraham'. On

the strength of the said publication, the

petitioners had approached the Principal, for

correction of the school records of petitioners

1 and 2.

3. The learned counsel, Sri.V. Sreenath, WP(C).No.26459 OF 2020(F)

who appeared for the 3rd respondent, on

instructions submits that the Principal does

not have any objection in accepting and

processing the application for correction of

school records.

4. The learned Standing Counsel for

respondents 1 & 2, Sri.S.Nirmal, who filed a

statement on behalf of the respondents 1 and 2

submitted that the application can be

considered, as and when the same is forwarded

by the 3rd respondent.

5. As the petitioners 1 and 2 are only

undergoing the studies, there cannot be any

impediment for the correction sought by them,

in accordance with the rules, governing

correction.

The writ petition is accordingly

disposed of with a direction to the 3rd

respondent to accept the application for

correction from the petitioners, within a WP(C).No.26459 OF 2020(F)

period of ten days and to forward the same to

the 2nd respondent for correction. The 2nd

respondent shall thereupon consider the said

application and to pass orders thereon within a

further period of one month. Sd/-

P.V.ASHA ww JUDGE WP(C).No.26459 OF 2020(F)

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 THE COPY OF THE CERTIFICATE OF THE 1ST PETITIONER ISSUED BY 3RD RESPONDENT.

EXHIBIT P2 THE COPY OF THE CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 THE COPY OF AFFIDAVIT OF THE 3RD PETITIONER NOTARIZED BY THE PUBLIC NOTARY EFFECTING THE CHANGE OF HIS NAME.

EXHIBIT P4 THE COPY OF THE NOTICE OF CHANGE OF NAME PUBLISHED IN TH HINDU NEWSPAPER.

EXHIBIT P5 THE COPY OF THE NOTICE OF CHANGE OF NAME PUBLISHED IN DESHABHIMANI NEWSPAPER.

EXHIBIT P6 THE COPY OF THE NOTIFICATION EFFECTING THE CHANGE OF NAME OF THE 3RD PETITIONER PUBLISHED IN KERALA GAZETTE DATED 10.11.2020.

EXHIBIT P7 THE COPY OF THE NOTIFICATION OF THE 1ST RESPONDENT DATED 01.2.2018 REGARDING THE AMENDMENT IN THE EXAMINATION BYE-LAWS.

EXHIBIT P8 THE COPY OF THE JUDGMENT IN WPC NO.39516/ 2018 DATED 14.12.2018.