Kerala High Court
Mohammed Saiban.M vs Central Board Of Secondary ... on 8 January, 2021
W.P(c).No.16268/2020-G 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 08TH DAY OF JANUARY 2021 / 18TH POUSHA, 1942
WP(C).No.16268 OF 2020(G)
PETITIONER:
MOHAMMED SAIBAN.M
AGED 52 YEARS
(MINOR), REPRESENTED BY HIS FATHER ABDUL KAREEM.M.,
MAILABADAN HOUSE, EDARIKODE, MALAPPURAM-676 501.
BY ADVS.
SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION,
HEAD OFFICE, SHIKSHA KENDRA COMMUNITY CENTRE,
PRETVIHAR, NEW DELHI-110 092.
2 REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE, BLOCK B, 2ND FLOOR, LIC DIVISIONAL
OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004.
3 THE PRINCIPAL,
ISLAHIYA PUBLIC SCHOOL, TIRURANGDI,
MALAPPURAM-676 306.
4 ADDL.R4: THE REGISTRAR OF BIRTH AND DEATHS,
SECRETARY, CHERIYAMUNDAM GRAMA PANCHAYATH,
CHERIYAMUNDAM, MALAPPURAM-676 106.
(ADDL.R4 IS IMPLEADED AS PER ORDER DATED 30-11-2020
IN IA 1/20)
R1-2 BY SRI.NIRMAL S., SC, CBSE
R4 BY ADV. SRI.BIJU MARTIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(c).No.16268/2020-G 2
P.V.ASHA, J.
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W.P(c) No.16268 of 2020 -G
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Dated this the 8th day of January, 2021
JUDGMENT
Petitioner is aggrieved by Ext.P8 order by which his request for correction of his
name and that of his parents in the school records is rejected.
2. The petitioner was studying in the 3rd respondent school affiliated to CBSE.
He had appeared in the Secondary Examination conducted in the year 2018 based on
which Ext.P1 certificate was issued. In the said certificate his name is shown as
`Mohammed Saiban', his father's name is shown as `Abdul Kareem' and mother's name is
shown as `Sajimol Thekkil'. The petitioner had approached the 3 rd respondent School for
correction of his name as `Mohammed Saiben.M', his father's name as Abdul Kareem.M'
and his mother's name as `Shajimole Thekkil', producing the birth certificate issued from
the Panchayat. In support of the claim initially a birth certificate issued on 02.01.2020,
which is produced as Ext.R2(a) in the counter statement filed by respondents 1 and 2,
was produced. Along with that Ext.P5 Secondary School Leaving Certificate in the case
of the petitioner's mother in which her name is shown as `Shajimole Thekkil' was also
produced. Ext.P6 application was forwarded from the school to the Regional Officer
requesting for correction. The petitioner had approached this Court in
W.P(c).No.2072/2020 since the application was not forwarded by the CBSE after
carrying out the correction. This Court by Ext.P7 judgment directed that the petitioner
has to submit a fresh application which the 3 rd respondent has to forward to the 2 nd
respondent for effecting correction in accordance with the examination bye-laws.
Thereupon, Ext.P8 letter was issued rejecting the application on the ground that the same
is not permissible under Rule 69.1(i) as well as 69.1(ii) of the Examination Bye-laws,
when the petitioner did not raise any claim for correction before the publication of
results; it is not based on any gazette publication , etc. It was pointed out that the
petitioner relied on a birth certificate issued on 02.01.2020 in the previous Writ Petition -
W.P(c).No.2072 of 2020; whereas in this present Writ Petition Ext.P4 birth certificate
issued subsequently on 25.01.2020 was relied on.
3. The learned Standing Counsel who filed a counter statement on behalf of
the 2nd respondent raised objections as against the different birth certificates produced by
the petitioner as Ext.P4 in this Writ Petition issued on 25.01.2020 and Ext R2(a) birth
certificate relied on in the previous Writ Petition stated to have been issued on
02.01.2020 by the very same Panchayat. It is pointed out that in Ext.R2(a) the name of
the petitioner's father was shown as `Abdul Kareem Mailambadan'; whereas in Ext.P4 it
was shown as `Abdul Kareem.M'. Apart from that, objections were raised as against the
claim for correction pointing out that no steps were taken when the petitioner was
undergoing his studies in the school and that the entries in the school records were made
on the basis of the details furnished by the parents.
4. Since the genuineness of the birth certificates was questioned, the petitioner
impleaded the Panchayat which issued both these certificates.
5. Sri Biju Martin, the learned Counsel who appeared for the Panchayat, on
the basis of instructions received from the Panchayat submitted that Ext.R2(a) as well as
Ext.P4 birth certificate were issued by the Panchayat on the basis of applications
submitted by the parents of the petitioner, with the support of relevant documents.
6. It is stated that the only change effected to Ext R2(a) certificate while
issuing Ext.P4 certificate is that substitution of the name of the father of the petitioner
from Abdul Kareem Mailambadan as Abdul Kareem.M. In view of these statements there
cannot be any reason to doubt the genuineness of Ext.P4.
7. Therefore, it is seen that the petitioner and his parents have approached the
2nd respondent on the basis of valid documents issued by the statutory authorities and the
only correction sought is addition of one 'M' to the name of the petitioner as well as to
the name of his father. In the case of his mother correction is sought in the spelling on the
basis of her SSLC book also in addition to the birth certificates where her name is
entered as 'Shajimole Thekkil'; whereas her name is entered in Exts.P1 to P3 school
records of the petitioner as 'Sajimol Thekkil, which can only be a typographical error,
correction of which is permissible even under the examination bye-laws. The petitioner
has submitted the application for correction in January, 2020 immediately on completion
of one year of the issuance of the school records Exts.P1 to P3. There is no delay in
approaching the respondents for correction. Moreover, this Court had in Ext.P7
judgment directed the 2nd respondent to effect correction. In view of all these
circumstances, the 2nd respondent ought to have allowed correction as requested in
Ext.P6 application on the strength of Ext.P4 certificate which is issued by a statutory
authority.
8. Ext.P8 order issued by the 2nd respondent is therefore set aside. There shall
be a direction to the 2 nd respondent to reconsider the application Ext.P6 and to effect
correction in Exts.P1 to P3 certificates in tune with the entries in Ext.P4 birth certificate,
within a period of two months from the date of receipt of a copy of this judgment.
The Writ Petition is allowed accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CENTRAL BOARD OF SECONDARY
EXAMINATIONS CERTIFICATE DATED 29.5.2018
ISSUED TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MERIT DATED
1.11.2018 OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE MIGRATION CERTIFICATE
DATED 29.5.2018 OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER DATED 25.1.2020.
EXHIBIT P5 TRUE COPY OF THE SCHOOL CERTIFICATE OF THE
PETITIONERS MOTHER DATED 27.3.1992.
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 27.1.2020
SUBMITTED BY THE 3RD RESPONDENT FORWARDED
ALONG WITH THE APPLICATION.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.2072/2020 DATED 2.3.2020.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 25.7.2020 FROM
THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS
ANNEXURE R2(a) TRUE COPY OF THE BIRTH CERTIFICATE DATED
2.1.2020.
ANNEXURE R2(b) TRUE COPY OF THE CIRCULAR DATED 30.06.2015.
