Sreejith K.S vs The Central Board Of Secondary ...
2021 Latest Caselaw 3201 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                     WP(C).No.26371 OF 2020(V)


PETITIONER:

              SREEJITH K.S.
              AGED 21 YEARS
              S/O. SHASEEDHARAN, KOLLAMKUZHI HOUSE, KONATHUKUNNU
              DESOM, THEKKUMKARA VILLAGE, THRISSUR DISTRICT

              BY ADV. N.L.BITTO

RESPONDENT:

      1       THE CENTRAL BOARD OF SECONDARY EDUCATION
              REGIONAL OFFICE, NEW NO. 3, OLD NO. 1630A, J-BLOCK,
              16TH MAIN ROAD, ANNANAGAR WEST, CHENNAI 600 040
              REPRESENTED BY ITS CHAIRMAN

      2       THE CENTRAL BOARD OF SECONDARY EDUCATION,
              REGIONAL OFFICER, PATTOM, THIRUVANANTHAPURAM
              REPRESENTED BY ITS MANAGER 695 004

      3       THE PRINCIPAL,
              J AND J ENGLISH MEDIUM SCHOOL, KARUPADANNA, THRISSUR
              DISTRICT 695 003

              R1-2 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.26371 OF 2020(V)

                                     2




                             JUDGMENT

Dated this the 29th day of January 2021

The Writ Petition is filed aggrieved by the

rejection of the application for correction in the

name of the petitioner and that of his father as per

Ext.P11 order.

2. The petitioner appeared in the Secondary School

Examination while studying in the 3rd respondent School

which is under the CBSE and passed the Examination in

the year 2014. In Ext.P7 mark statement issued on

19.05.2014, his name is shown as 'Sreejith P.S' and the

name of his father is shown as 'Saseendran P.G'. In

Ext.P1 Birth certificate issued on 06.03.2015

petitioner's name is shown as 'Sreejith K.S' and the

name of his father is shown as 'Shaseedharan'. In the

Transfer Certificate, Ext.P2, issued on 17.08.2016, and

in the Migration Certificate, Ext.P3, issued by the

CBSE, Regional Office, Thiruvananthapuram, on

31.03.2016, both after the issuance of Ext.P1 Birth

Certificate, the name of the petitioner was shown as WP(C).No.26371 OF 2020(V)

'Sreejith K.S' and the name of his father was shown as

'Shaseedharan'. Petitioner has produced the Aadhaar

Card, Ext.P4, the Election Identity card, Ext.P5 and

the Driving license, Ext.P6 in which also the name is

shown as 'Sreejith K.S'. After submitting Ext.P8

application for correction of the initial/name of

petitioner as well as that of the father, the

petitioner had approached this Court in W.P.

(C)No.19680/2019 which was disposed of as per Ext.P10

judgment dated 02.08.2019 with a direction to the 2 nd

respondent to finalise the application, Ext.P8, within

a period of six weeks. This Court had also directed

that the petitioner shall pay a fine of Rs.5,000/-. It

is stated that the petitioner has remitted the said

fine. But the 2nd respondent as per Ext.P11 order dated

11.11.2019, rejected the application stating that in

the admission form received from the J & J English

Medium School(42287), Karupandanna, Thrissur, where the

petitioner was studying, the name of the petitioner was

shown as 'Sreejith P.S' and the father's name was shown

as 'Saseendran P.G.' It is stated that the petitioner WP(C).No.26371 OF 2020(V)

was previously a student of N.S.S Public School,

Konnathukunnu in standard I and all this time the

petitioner or his parents never informed the School

authorities or the respondents that there was any

mistake in the name/initials. It is stated that as per

Rule 69.1 of the Examination Bye Law, correction is

permissible only with respect to typographical errors

in the candidate's name/surname, father's name/mother's

name etc that too to make it consistent with the

School records or list of candidate submitted by the

School and in case the application for correction is

submitted within a period of 5 years of the date of

leaving the School. The respondent stated that there is

no provision for addition/deletion of name/surname as

per the Bye Laws. This Writ Petition is filed in the

above circumstances.

3. The learned Standing counsel has filed a

statement re-iterating the stand of the respondents in

Ext.P11 order. It is stated that as per Clause

69.1(i), change of candidates name/surname, Father's

name/mother's name can be permitted in case the same is WP(C).No.26371 OF 2020(V)

admitted by a Court of law and notified in the

Government gazette before publication of results of the

candidates. Further under Clause 61.1(ii) in the

spelling errors , factual typographical errors in the

candidate's name/surname, father's name/mother's name

can be made in case it is inconsistent with what is

given in the School records or list of candidates and

the application is given along with the documents

prescribed therein. In the case of the petitioner it

is stated that there is no inconsistency with the

details/entries in the school records and during the

period when the petitioner was undergoing his studies

no steps were taken for effecting any change in the

name.

4. It is seen that the petitioner has approached

the respondent on the basis of Birth Certificate as

well as the certificates issued by the Election

Commission, the passport authorities etc. Moreover,

there was a direction from this Court to consider the

application of the petitioner after remitting the fine.

The petitioner has submitted the application producing WP(C).No.26371 OF 2020(V)

the documents like Birth Certificate, Election ID card,

Aadhaar card, etc issued by the statutory authorities.

Therefore, respondents ought to have acted upon it,

especially when this Court had directed the

respondents.

Therefore Ext.P11 would stand set aside. There

shall be a direction to the 2nd respondent to effect

corrections as requested by the petitioner in Ext.P7,

mark statement 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.26371 OF 2020(V)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 6-3-2015 ISSUED FROM KATTOOR PANCHAYATH

EXHIBIT P2 A TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED FROM J AND J ENGLISH MEDIUM SCHOOL DATED 17-08-2016

EXHIBIT P3 A TRUE COPY OF THE MIGRATION CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 31-3-

EXHIBIT P4 A TRUE COPY OF THE ADHAAR CARD NO.

647584275771 OF THE PETITIONER DATED NIL.

EXHIBIT P5 A TRUE COPY OF THE ELECTRAL IDENTITY CARD NO. ZLK0725572 ISSUED BY THE ELECTION COMMISSION OF INDIA

EXHIBIT P6 A TRUE COPY OF THE DRIVING LICENSE NO.

47/5779/2016 ISSUED FROM THE KERALA MOTOR VEHICLES DEPARTMENT DATED 4-08-2016

EXHIBIT P7 A TRUE COPY OF THE MARKS STATEMENT ISSUED BY THE THIRD RESPONDENT DATED 19-05-2014

EXHIBIT P8 A TRUE COPY OF THE REQUEST LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT

EXHIBIT P9 A TRUE COPY OF THE POSTAL RECEIPT DATED 3-

05-2019 ISSUED FROM POST OFFICE KONATHUKUNNU

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT IN WP(C) 19680 OF 2019 OF HONOURABLE HIGH COURT OF KERALA DATED 2-08-2019

EXHIBIT P11 A TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 11-11-2019

RESPONDENTS EXIBITS : NIL

//TRUE COPY//

PA TO JUDGE