Ishitha Praveen vs Central Board Of Secondary ...
2021 Latest Caselaw 13422 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
  MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                  WP(C) NO. 10840 OF 2021
PETITIONER/S:

          ISHITHA PRAVEEN, AGED 16 YEARS
          D/O.BINDHYA KRISHNAN, FLAT NO.C2, SL NEST,
          MEENCHIRA ROAD, NEAR PONEKKARA CHURCH,
          EDAPPALLY, AIMS P.O., ERNAKULAM, KOCHI- 682 041
          REPRESENTED BY HER MOTHER BINDHYA KRISHNAN,
          FLAT NO.C2, SL NEST, MEENCHIRA ROAD, NEAR
          PONEKKARA CHURCH, EDAPPALLY, AIMS P.O.,
          ERNAKULAM, KOCHI - 682 041.

          BY ADVS.
          K.JAGADEESH
          SMT.V.RENJU



RESPONDENTS:

    1     CENTRAL BOARD OF SECONDARY EDUCATION
          REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC
          DIVISIONAL OFFICE CAMPUS, PATTOM,
          THIRUVANANTHAPURAM - 695004.

    2     THE PRINCIPAL, BHAVENS VIDYA MANDIR
          ELAMAKKARA, KOCHI - 682 026.


OTHER PRESENT:

          sc nirmal



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.10840 of 2021

                                  ..2..




                   W.P.(C) No.10840 of 2021
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                           JUDGMENT

Petitioner is studying in tenth standard at Bhavans

Vidyamandir, Elamakkara, affiliated to the Central Board of

Secondary Education (the Board). It is stated by the petitioner

that in the school records, the name of her mother is shown

mistakenly as Bindhya Praveen, instead of Bindhya Krishnan.

In order to show that the correct name of the mother of the

petitioner is Bindhya Krishnan, the petitioner relies on the

Aadhar Card and Pan Card of her mother. Ext.P2 is the Aadhar

Card and Ext.P3 is the Pan Card of the mother of the petitioner.

In both the said documents, the name of the mother of the

petitioner is shown as Bindhya Krishnan and not as Bindhya

Praveen. After publishing a notification in the Government

Gazette to the effect that Bindhya Krishnan and Bindhya

Praveen are one and the same person, the petitioner preferred

an application in the school for correction of the entry relating W.P.(C) No.10840 of 2021

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to her mother in the school records. It is stated by the

petitioner that the second respondent has now informed the

petitioner that the Board is taking the stand that the mistaken

entry in the school records can be corrected only if the

petitioner produces a court order for the said purpose and the

request of the petitioner cannot, therefore, be considered

without a court order. The petitioner has come up in this writ

petition aggrieved by the said stand of the Board.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the Board.

3. The learned Standing Counsel for the Board

pointed out that a court order is insisted in the case of the

petitioner since the name of the mother of the petitioner is not

consistent in the various public documents made available. It

was argued by the learned Standing Counsel that though the

name of the mother of the petitioner is shown in her Aadhar

Card and Pan Card as Bindhya Krishnan, her name is shown in

the birth certificate of the petitioner as Bindhya Praveen. W.P.(C) No.10840 of 2021

..4..

4. As rightly pointed out by the learned Standing

Counsel for the Board, the name of the mother of the

petitioner is not consistent in the various public documents

made available. As submitted by the learned Standing Counsel

for the Board, though the name of the mother of the petitioner

is shown in her Aadhar Card and Pan Card as Bindhya

Krishnan, her name is shown in the birth certificate of the

petitioner as Bindhya Praveen. The materials on record

indicate that the correct name of the mother of the petitioner

is Bindhya Krishnan and her name was wrongly mentioned in

the birth certificate of the petitioner as Bindhya Praveen.

Further, the mother of the petitioner has already caused a

publication to be made in the Government Gazette to the

effect that Bindhya Krishnan and Bindhya Praveen are one and

the same person.

5. In the circumstances, the writ petition is

allowed and the respondents are directed to carry out the

correction sought for by the petitioner as regards the name of

her mother as expeditiously as possible, at any rate, within W.P.(C) No.10840 of 2021

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thirty days from the date of receipt of a copy of the judgment.

Sd/-

P.B.SURESH KUMAR, JUDGE

ds W.P.(C) No.10840 of 2021

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APPENDIX OF WP(C) 10840/2021

PETITIONER ANNEXURE

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER, ISSUED BY CORPORATION OF THIRUVANANTHAPURAM DATED 8/3/2006.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE AADHAR CARD IN THE NAME OF THE PETITIONERS MOTHER BINDHYA KRISHNAN.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE PAN CARD OF THE PETITIONERS MOTHER BINDHYA KRISHNAN.

EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGE OF THE GAZETTE NOTIFICATION NO.5 VOL.X DATED 2/2/2021.