Navnit Krishnan N.R vs Central Board Of Secondary ...
2021 Latest Caselaw 15517 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
          THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                       WP(C) NO. 14091 OF 2021
PETITIONER:

               NAVNIT KRISHNAN N.R,
               AGED 15 YEARS, S/O. RAGHUNATH N.B, MRA-135,
               MANAKKAPARAMBU ROAD, PONEKKARA, KOCHI-682 041,
               REPRESENTED BY HIS MOTHER BEENAKUMARI V.K.,
               MRA-135, MANAKKAPARAMBU ROAD, PONEKKARA,
               KOCHI-682 041
               BY ADVS.
               K.JAGADEESH
               V.RENJU


RESPONDENTS:

    1          CENTRAL BOARD OF SECONDARY EDUCATION,
               REGIONAL OFFICE, 2ND FLOOR, BLOCK-B,
               LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
               THIRUVANANTHAPURAM-695 004 REP BY CHAIRPERSON.
    2          THE PRINCIPAL,
               BHAVENS VIDYA MANDIR, ELAMAKKARA,
               KOCHI-682 026

               BY ADV SRI.NIRMAL S., SC, CBSE


        THIS    WRIT   PETITION     (CIVIL)    HAVING    COME    UP    FOR
ADMISSION       ON   23.07.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.14091 of 2021                 2




                       W.P.(C) No.14091 of 2021
                 -----------------------------------------------


                              JUDGMENT

Petitioner is studying in Tenth Standard in Bhavans

Vidyamandir, Elamakara, an school affiliated to the Central Board of

Secondary Education (the Board). In the school records of the

petitioner, the names of his parents have been shown mistakenly as

Reghunath N.B. and Beena V.K., instead of Raghunath N.B. and

Beenakumari V.K. It is stated that the application preferred by the

petitioner for correction of the mistakes in the school records has

been forwarded by the second respondent to the Board, as the

records of the Board also need to be corrected. The writ petition is

filed thereafter, seeking directions to the respondents to carry out

the corrections. It is alleged that otherwise, the petitioner will be put

to irreparable injury and loss.

2. Heard the learned counsel for the petitioner as also

the learned Standing Counsel for the Board.

3. It has been held by the Apex Court in Jigya Yadav

v. C.B.S.E. and others (Civil Appeal No.3905 of 2011 and

connected cases) that the Board is bound to afford to the students

opportunity to modify the information contained in the records of the

Board subject to complying with the requisite formalities which are

reasonable in nature. It was also held by the Apex Court in the said

case that when a request for change of information contained in the

marks statement is made on the basis of the public documents

which are presumed to be genuine in terms of the provisions of the

Indian Evidence Act, the Board is bound to consider the request.

Ext.P3 is the Secondary School Leaving Certificate of the mother of

the petitioner. The name of the mother of the petitioner is shown in

Ext.P3 certificate as Beenakumari V.K. Ext.P4 is the Pan card and

Ext.P5 is the Aadhar Card of the mother of the petitioner. The name

of the mother of the petitioner is shown in the said documents also

as Beenakumari V.K. Ext.P6 is the Pan Card and Ext.P7 is the Aadhar

Card of the father of the petitioner. The name of the father of the

petitioner is shown in the said documents as Raghunath N.B. The

aforesaid being public documents, which are presumed to be

genuine in terms of the provisions of the Indian Evidence Act,

according to me, in the light of the directions issued by the Apex

Court in Jigya Yadav, the respondents ought to have allowed the

corrections sought for by the petitioner, subject to appropriate

conditions.

In the result, the writ petition is allowed and the

respondents are directed to correct the name of the mother of the

petitioner as Beenakumari V.K. and the name of the father of the

petitioner as Raghunath N.B. in the school records as also in the

records of the Board, as expeditiously as possible, at any rate, within

thirty days from the date of receipt of a copy of the judgment. It is,

however, made clear that the Board would be free to impose

appropriate conditions to be complied with by the petitioner for

carrying out the corrections, as indicated by the Apex Court in the

judgment in Jigya Yadav.

Sd/-

P.B.SURESH KUMAR, JUDGE

YKB

APPENDIX OF WP(C) 14091/2021

PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 9.10.2020 Exhibit P2 TRUE PHOTOSTAT COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER, ISSUED BY OTTAPALAM MUNICIPALITY DATED 20.5.2005 Exhibit P3 TRUE PHOTOSTAT COPY OF THE FIRST PAGE OF THE SSLC BOOK OF THE PETITIONERS MOTHER, BEENAKUMARI V.K., DATED 24.3.1990 Exhibit P4 TRUE PHOTOSTAT COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT TO THE PETITIOENRS MOTHER BEENAKUMARI V.K. Exhibit P5 TRUE PHOTOSTAT COPY OF THE AADHAR CARD IN THE NAME OF THE PETITIONERS MOTHER BEENAKUMARI.V.K.

Exhibit P6 TRUE PHOTOSTAT COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT OF THE FATHER RAGHUNATH N.B Exhibit P7 TRUE PHOTOSTAT COPY OF THE AADHAR CARD OF THE PETITIONER FATHER RAGHUNATH N.B. Exhibit P8 TRUE PHOTOSTAT COPY OF THE ELECTORAL CARD OF THE PETITIONER FATHER RAGHUNATH N.B.

Exhibit P9 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION NO.49VOL.IX DATED 15.12.2020