Muhammed Sufaid K vs Central Board Of Secondary ...
2021 Latest Caselaw 12662 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 1ST DAY OF JUNE 2021/11TH JYAISHTA, 1943
                     WP(C) NO. 8763 OF 2021


PETITIONER:
0



          MUHAMMED SUFAID K., AGED 30 YEARS,
          S/O.KUNHIMOIDU, CHERIKKAL PARAMBATH,
          FATHIMA MANZIL, P.O. KUTHUPARAMBU, PIN-670643.

          BY ADVS.
          SHERRY J. THOMAS
          SRI.JOEMON ANTONY


RESPONDENTS:

     1    CENTRAL BOARD OF SECONDARY EDUCATION,
          REPRESENTED BY ITS DIRECTOR,
          "SHIKSHA KENDRA", 2, COMMUNITY CENTRE,
          PREET VIHAR, DELHI-110 092.

     2    TH REGIONAL OFFICER,
          CENTRAL BOARD OF SECONDARY EDUATION,
          PLOT NO.1630 A J BLOCK, 16TH MAIN ROAD
          ANNA NAGAR WEST, CHENNAI-600 040.

     3    REGIONAL OFFICER,
          CENTRAL BOARD OF SECONDARY EDUCATION,
          NEAR LIC, PATTOM, THIRUVANANTHAPURAM,
          KERALA-695 004.

     4    THE PRINCIPAL, SREE NARAYANA
          ENGLISH MEDIUM HIGH SCHOOL,
          KUTHUPARAMBA-670 643.

          BY ADV SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP              FOR
ADMISSION ON 01.06.2021, THE COURT ON THE SAME              DAY
DELIVERED THE FOLLOWING:
 WP(C) No.8763/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 1st day of June, 2021

The petitioner passed out from the 4th respondent-

School affiliated to the 1st respondent-CBSE, in the year 2008.

The date of birth and name of the father of the petitioner was

erroneously noted in the CBSE certificate and mark list. The

petitioner would state that his actual date of birth is

"09.06.1991", whereas it is wrongly noted as 11.06.1991 in the

CBSE certificate and mark list. Similarly, the name of the

father of the petitioner is wrongly entered as Moidhu CPK

instead of "C.P.K. Moidhu".

2. The petitioner approached the 4 th respondent-

School authorities to correct the wrong entries in the

certificate/mark list. The petitioner earlier filed W.P.(C)

No.4926/2021 challenging the non-consideration of the

application for correction of date of birth and name of the WP(C) No.8763/2021

father. Pending the said writ petition, the 2 nd respondent-

Regional Officer of CBSE rejected the petitioner's application.

The said rejection is under challenge in this writ petition.

3. The learned counsel for the petitioner would urge

that if the original entry does not tally with the records

submitted by the applicant, then the correction need to be

effected and it has been so held by this Court in Chandrika v.

State of Kerala [2010 (1) KHC 132]. This Court also held that

the question of correction of date of birth in the school records

need to be considered sympathetically. The petitioner

therefore seeks to set aside Ext.P7 rejection order passed by

the 2nd respondent and to direct the 2 nd respondent to effect

the correction of date of birth and the name of the father of the

petitioner.

4. Respondents 1 to 3 filed a counter statement. In

the counter statement, respondents 1 to 3 stated that the

correction in the date of birth and of the name of the parents

of candidates are governed by Bye-law 69.1(ii). As per the

Bye-law as it stands now, corrections that could be carried out WP(C) No.8763/2021

are only typographical and other errors, to make the

certificates consistent with the school records. The application

of the petitioner suffers from a delay of 13 years and the delay

is not explained. A Division Bench of this Court has held in

Subin Mohammed S. v. Union of India and others [2016 (1)

KLT 340] that the CBSE is not obliged to correct the name of a

candidate or parents merely for the reason that a different

name is shown in the extract of birth certificate. The writ

petition is therefore without merit and is liable to be dismissed,

contended the Standing Counsel for respondents 1 to 3.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel for respondents 1 to 3.

6. The application of the petitioner is to correct the

date of birth entered in the CBSE certificate and mark list, as

also the name of the father of the petitioner. The difference in

the date of birth as it exists in the CBSE certificate and sought

to be corrected by the petitioner, is only of two days. Similarly,

the petitioner only seeks to correct the name of his father as

"C.P.K. Moidhu", instead of Moidhu CPK. These are only WP(C) No.8763/2021

inadvertent typographical errors. Retaining such wrong entries

in the certificates/mark list is likely to affect the career of the

petitioner. In the circumstances, this Court is of the

considered view that the certificates issued to the petitioner

and the mark list, should be corrected in the interest of justice.

In the circumstances, the writ petition is disposed of

directing the respondents to correct Ext.P1 mark list and

Ext.P2 certificate, by reconsidering Ext.P5 application of the

petitioner. To enable the respondents to make such

corrections, Ext.P7 rejection order of the Regional Officer, is

set aside. The petitioner is directed to pay ₹5,000/- to the 1 st

respondent towards administrative expenses which may be

incurred in carrying out such corrections. Respondents 1 to 3

shall effect such corrections within a period of one month from

the date of payment of ₹5,000/- by the petitioner. The

petitioner should be issued with corrected copies of mark list

and certificate.

Sd/-

N. NAGARESH, JUDGE

aks/02.06.2021 WP(C) No.8763/2021

APPENDIX OF WP(C) 8763/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE MARK LIST OF CBSE
                     SECONDARY     SCHOOL   EXAMINATION   DATED
                     27/05/2008.
EXHIBIT P2           THE TRUE COPY OF THE CERTIFICATE OF CBSE
                     SECONDARY     SCHOOL   EXAMINATION   DATED
                     27/05/2008.
EXHIBIT P3           THE TRUE COPY OF THE BIRTH CERTIFICATE

DATED 22/12/2020 WHICH SHOWS THE ORIGINAL DATE OF BIRTH AS 09/06/1991 ISSUED BY THE LOCAL BODY.

EXHIBIT P4 TRUE COPY OF THE PASSPORT, BEARING NO.

U2872236.

EXHIBIT P4 A THE TRUE COPY OF THE AADHAR CARD ISSUED BY THE GOVERNMENT OF INDIA BEARING NO.8260 9475 9196.

EXHIBIT P4 B THE TRUE COPY OF THE LICENSE DATE 22/08/2009.

EXHIBIT P4 C THE TRUE COPY OF THE PAN CARD BEARING NO.

CMBPM 8217Q.

EXHIBIT P5 THE TRUE COPY OF THE FORWARDING LETTER GIVEN BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT DATED 25/01/2021.

EXHIBIT P5 A THE TRUE COPY OF THE APPLICATION FOR CORRECTION IN DATE OF BIRTH ATTACHED WITH EXHIBIT P5.

EXHIBIT P5 B THE TRUE COPY OF THE APPLICATION FOR CORRECTION IN FATHERS NAME ATTACHED WITH EXHIBIT P5.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION EXTRACT FOR ADMISSION IN SCHOOL.

EXHIBIT P7 THE TRUE COPY OF THE ORDER OF 1ST RESPONDENT DATED 18/03/2021.

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