Muhammed Alhadh.A.N vs The Central Board Of Secondary ...
2021 Latest Caselaw 13225 Ker

WP(C) NO. 11964 OF 2021

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                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                  THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
          THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                           WP(C) NO. 11964 OF 2021
PETITIONER:

              MUHAMMED ALHADH.A.N.
              AGED 17 YEARS
              S/O.NAZEER.A.H., AMIYAN, NOCHIMA, KOMBARA, N.A.D. P.O.,
              ALUVA, ERNAKULAM-683 563, MINOR, REPRESENTED BY HIS
              MOTHER/GUARDIAN JASEENA.K.E., AGED 42 YEARS, W/O.NAZEER.A.H.,
              AMIYAN, NOCHIMA, KOMBARA, N.A.D. P.O., ALUVA,
              ERNAKULAM-683 563.

              BY ADVS.
              G.SANTHOSH KUMAR (P).
              V.R.SASSIDHARAN



RESPONDENTS:

      1       THE CENTRAL BOARD OF SECONDARY EDUCATION
              REPRESENTED BY ITS REGIONAL OFFICER, BLOCK B,
              2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
              THIRUVANANTHAPURAM-695 004.

      2       REGIONAL OFFICER,
              THE CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK B,
              2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
              THIRUVANANTHAPURAM-695 004.

      3       THE PRINCIPAL,
              AL-AMEEN INTERNATIONAL PUBLIC SCHOOL,
              EDATHALA, ALUVA, ERNAKULAM-683 561.

              BY ADV ANILA UMESH
              ADV.NIRMAL S., SC, CBSE

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11964 OF 2021

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                                       JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue a writ of certiorari calling for the records leading to Exhibit P-10 and quash the same;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction to 1st and 2nd respondents to reconsider the application dated 03/09/2019 referred in Ext.P-8 for correction of Mark sheet and Migration Certificate submitted by the Petitioner in the light of Exhibits P-4 to P-7 Documents and to carry out necessary corrections and to re-issue fresh certificates with desired changes to the Petitioner within a time bound manner considering urgency;

(iii) To declare that the petitioner is entitled to get his mark list and migration certificates corrected in the light of Exhibits P-4 to P-7 and in the light of corrected school records as revealed by Ext.P-8 thereof."

2. Heard the learned counsel for the petitioner and the learned standing

counsel appearing for respondents 1 and 2 as well as Adv.Anila Umesh, the

learned counsel appearing for the 3rd respondent.

3. It is submitted by the learned counsel for the petitioner that in spite of

Ext.P3 judgment issued by this Court and in spite of the fact that the petitioner

had produced all documents in support of the application for correction, the

request for correction has again been rejected by the CBSE by Ext.P10 decision

relying on the provisions of Rule 69.1 of its Examination Byelaws. The learned WP(C) NO. 11964 OF 2021

counsel for the petitioner places reliance on the decision of the Apex Court in

Civil Appeal No.3905/2011 and connected cases (Jigya Yadav vs. CBSE and

others). It is submitted that the rejection relying on Rule 69.1 of the

Examination Byelaws is completely untenable and that the petitioner is entitled

for change in the certificates as sought for.

4. The learned standing counsel appearing for the CBSE submits that the

petitioner has requested for a change in the Mark sheet as well as the Migration

Certificate relying on Exts.P4 to P7 documents. It is submitted that the

directions of the Apex Court are to the effect that the CBSE is bound to consider

the applications as stated in paragraph Nos.170 to 172 of the judgment. It is

submitted that the issue will be reconsidered by the CBSE in the light of the

judgment.

5. Having considered the contentions advanced on either side, I am of the

opinion that Ext.P10 order, by which the request made by the petitioner has

been rejected relying on Rule 69.1 of the Examination Byelaws is unsustainable.

Ext.P10 order is, therefore, set aside. There will be a direction to the 2 nd

respondent to take up the request made by the petitioner and to consider the

same, taking note of Exts.P4 to P7 documents. Necessary shall be done by the 2 nd

respondent within a period of one month from the date of receipt of a copy of WP(C) NO. 11964 OF 2021

this judgment. Needless to say, the 2nd respondent while considering the request

made by the petitioner shall take specific note of the directions of the Apex

Court.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 11964 OF 2021

APPENDIX OF WP(C) 11964/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF MARK LIST DATED 06.05.2019 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE MIGRATION CERTIFICATE DATED 06.05.2019 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 27.01.2020 IN WPC NO.26974/2019.

Exhibit P4 TRUE COPY OF THE BIRTH CERTIFICATE DATED 12.07.2019 ISSUED BY AIKARANAD GRAMA PANCHAYAT.

Exhibit P5 TRUE COPY OF THE AADHAAR DATED 02.12.2012 ISSUED TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE SCHOOL CERTIFICATE ISSUED IN FAVOUR OF NAZEER.A.H.

Exhibit P7 TRUE COPY OF THE SCHOOL CERTIFICATE ISSUED IN FAVOUR OF JASEENA K.E.

Exhibit P8 TRUE COPY OF THE LETTER DATED 07.02.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P9 TRUE COPY OF THE REMINDER LETTER DATED 24.02.2020 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P10 TRUE COPY OF THE REJECTION ORDER DATED 28.09.2020 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL