Femina Ummar vs The Secretary
2021 Latest Caselaw 2424 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                    WP(C).No.18450 OF 2020(E)

PETITIONER/S:
             FEMINA UMMAR
             AGED 29 YEARS
             D/O. UMMAR SAHIB V.E, PRESENTLY RESIDING AT
             PUTHIYAVEETTIL, CHENTHRAPPINNI EAST, CHENDRAPINNI,
             THRISSUR DISTRICT, KERALA STATE, PIN - 80687.

            BY ADV. SRI.R.O.MUHAMED SHEMEEM

RESPONDENT/S:

      1     THE SECRETARY, THE CENTRAL BOARD OF SECONDARY
            EDUCATION REGIONAL OFFICE, NEW NO. 3(OLD NO.1630-A)
            "J" BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST),
            CHENNAI- 600040.

      2     THE JOINT SECRETARY/REGIONAL OFFICER
            THE CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK - B,
            2ND FLOOR, LIC DIVISIONAL OFFICE, CAMPUS, PATTOM,
            THIRUVANANTHAPURAM, KERALA STATE, PIN - 695004.

      3     THE PRINCIPAL, BAPPUJI CENTRAL SCHOOL, KUNNAMPILLY,
            PERUVA (PO), KOTTAYAM, KERALA STATE, PIN - 651518.

      4     UNION OF INDIA, REPRESENTED BY THE SECRETARY,
            MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
            GOVERNMENT OF INDIA, NEW DELHI, PIN - 110011.

      5     ADDL.R5 IMPLEADED:

            THE REGIONAL OFFICER,
            CBSE, CHENNAI.

            IS SUO MOTU IMPLEADED AS ADDITIONAL R5 AS PER ORDER
            DATED 09.09.2020 IN WP(C) NO. 18450/2020.

            SRI.NIRMAL S., SC, CBSE



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.18450 OF 2020(E)
                                   2




                           JUDGMENT

The petitioner herein was a student of the third

respondent institution and completed her CBSE

examination from that school. According to the

petitioner, there is an inadvertent mistake in the date of

birth shown in her CBSE certificate issued as Ext.P2. In

that, her date of birth is shown as 12.03.1992, instead

of 12.03.1991. Hence Ext.P3 application was submitted

before the respondents 1 to 3 for correction of the date

of birth. The petitioner has approached this court,

seeking a direction to the respondents to carryout

correction in Ext.P2, to make it conformity with Ext.P1.

2. Heard the learned counsel for the petitioner,

the learned ASG and the learned standing counsel for

the CBSE, who opposed the Writ Petition.

3. Ext.P1 shows that the date of birth is

12.03.1991. However Ext.P2 shows the date of birth as

12.03.1992. Of course, there is considerable delay in WP(C).No.18450 OF 2020(E)

making this application. However, the petitioner has

explained the reason for the delay. It is also seen that

the name of the father is wrongly mentioned as Ummer

instead of Ummar Sahib V.E. These corrections are

sought to be incorporated.

4. In the light of the directions contained in

Subin Mohammed V Union of India and Others

(2016) 1 KLT 340, I am inclined to allow the Writ

Petition, by dispensing notice to R3, as follows:

i). Petitioner shall file a fresh application to the

second respondent requesting for correction of the date

of birth and the name of father. Copy of Ext.P1 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). The petitioner shall also additionally remit a WP(C).No.18450 OF 2020(E)

sum of Rs.1,500/- ( Rupees one thousand five hundred

only) in the office of the second respondent as their

expenses for the above process.

iv). 2nd respondent after verifying the documents

filed shall carry out correction of the date of birth in the

school records in accordance with Ext.P1 within a period

of three weeks from the date of receipt of application.

v). 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 three weeks of receiving the

records from the second respondent along with DD.

The writ petition is disposed of as above.

sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.18450 OF 2020(E)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE DATED 04.02.2020 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PALA MUNICIPALITY, DEPARTMENT OF URBAN AFFAIRS, GOVERNMENT OF KERALA UNDER FORM NO.5.

EXHIBIT P2 A TRUE COPY OF THE ALL INDIA SECONDARY SCHOOL EXAMINATION CERTIFICATE, DATED 27.05.2008, ISSUED BY THE CONTROLLER OF EXAMINATION, CBSE,

EXHIBIT P3 A TRUE COPY OF THE APPLICATION/REPRESENTATION DATED 22.03.2020 TO THE RESPONDENTS NO'S 1 TO 3.

   RESPONDENT'S/S EXHIBITS        NIL