Resmy Nair vs Central Board Of Secondary ...
2021 Latest Caselaw 3329 Ker

Citation : 2021 Latest Caselaw 3329 Ker
Judgement Date : 29 January, 2021

Kerala High Court

Resmy Nair vs Central Board Of Secondary ... on 29 January, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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

                       WP(C).No.5735 OF 2020(N)


PETITIONER:

               RESMY NAIR,
               AGED 30 YEARS
               D/O.T.R.RAJAGOPALAN NAIR, MARANGATTU, KOTTEMPALLY,
               MADATHILKARUMANA P.O., OCHIRA, KOLLAM-690526.

               BY ADVS.
               SRI.DIPU.R
               SRI.K.S.BAIJU
               SRI.S.SAMEER
               SMT. DEVI KRIPA R.
               SMT.DHANYA BABU
               SMT.P.A.PRIYA
               SMT.ANSU SARA MATHEW

RESPONDENTS:

      1        CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),
               REPRESENTED BY ITS CHAIRPERSON, CBSE HEAD OFFICE
               SHIKSHAKENDRA-2, COMMUNITY CENTRE, NEW DELHI-110092.

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

      3        PRINCIPAL,
               SREE NARAYANA CENTRAL SCHOOL,
               KAYAMKULAM, ALAPPUZHA-690502.

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

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD           ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5735 OF 2020(N)                      2




                                   JUDGMENT

The petitioner herein was a student of Sree Narayana Central School,

Kayamkulam. She passed her Secondary School Examination in the year

2006. Exts.P1 is the mark statement and Ext.P2 is the pass certificate issued

by the 1st respondent.

2. The petitioner contends that her actual date of birth is 8.1.1990 as is

evident from the Birth Certificate issued by the Registrar of Births and Deaths,

Oachira Grama Panchayath. Her grievance is that due to an inadvertent error,

the date of birth of the petitioner entered in the school records is 31.5.1991.

Seeking correction, she submitted an application before the 3rd respondent.

However, the 3rd respondent by Ext.P5 order refused her request relying on

clause 69.2.(i) of the amended exam bye-laws of the 2nd respondent. The 3rd

respondent did not even care to forward the request to respondents 1 and 2.

It is in the afore circumstances that the petitioner has approached this Court

seeking the following relief:

i) issue a writ of mandamus or any other writ, order or

direction in the nature of mandamus directing the 1st and 2nd

respondents to correct the petitioner's date of birth as 8.1.1990 in

Exts.P1 and P2 within one month.

3. I have considered the submissions advanced.

4. Insofar as the change of date of birth of the petitioner is concerned,

a Division Bench of this Court in Subin Mohammed. S Vs. Union of India

and Ors.1 , had occasion to observe that the entry of the date of birth in the

statutory register raises a presumption of correctness and it prevails over an

entry in the school register. The presumption, of course, is always rebuttable

and it depends on the facts of each case. This Court had occasion to observe

that the future prospects of a student is to study or get employment abroad

will be substantially affected if the entry of date of birth in the mark sheet does

not tally with that in the Birth Certificate. It was held that though a writ of

mandamus cannot be issued in the strict sense, the failure to exercise

jurisdiction may put the student in serious hardship. It was further held by

this Court that discretion will have to be exercised by this Court on grounds of

public policy, public interest and public good.

5. Hence, in the light of the observations made by this Court in Subin

Mohammed (supra), this writ petition is disposed of with the following

directions:

a) The CBSE shall correct the entry as it concerns the date of

birth of the petitioner in Ext.P1 and P2 certificates with reference

to her Birth Certificate issued by the statutory authority if the

request is found to be genuine.

1[2016 (1) KLT 340]

b) The genuineness of the Birth Certificate can be ascertained from

the respective local/statutory authority/Head of the institution or

such other method, as the CBSE may deem fit.

c) The CBSE can demand in advance a consolidated fee, which shall

include expenses for processing the application.

d) The petitioner shall pay a sum of Rs.5,000/- as cost to the CBSE

within a period of one month.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PETITIONER'S MARKS STATEMENT WITH ROLL NO.4131866 OF SECONDARY SCHOOL EXAMINATION 2006.