Sreelekshmi Baiju vs Central Board Of Secondary ...
2021 Latest Caselaw 8046 Ker

W.P(c).No.2614/2021-B            1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

    TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                        WP(C).No.2614 OF 2021(B)


PETITIONER:

               SREELEKSHMI BAIJU
               AGED 20 YEARS
               D/O. BAIJU RESIDING @ BAIJU NIVAS, PATTATHANAM
               NAGAR 194, PATTATHANAM P.O, KOLLAM - 691021.

               BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENTS:

       1       CENTRAL BOARD OF SECONDARY EDUCATION
               REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2,
               COMMUNITY CENTRE, PREET VIHAR, DELHI - 110092.

       2       REGIONAL OFFICER
               CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
               OFFICE, NEW NO.3J BLOCK, 16TH MAIN ROAD,
               ANNA NAGAR WEST, CHENNAI - 600040.

       3       THE CONTROLLER OF EXAMINATIONS,
               CBSE, NEW DELHI - 110001.

       4       THE REGIONAL OFFICER,
               CBSE, BLOCK B, 11 FLOOR, LIC DIVISIONAL OFFICE,
               CAMPUS, PATTAOM, THIRUVANANTHAPURAM - 695004.

       5       PRINCIPAL
               SREE NARAYANA TRUST CENTRAL SCHOOL,
               NEAR SN COLLEGE, KOLLAM - 691001.

               R1-4 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(c).No.2614/2021-B                    2




                                      P.V.ASHA, J.
                   -----------------------------------------------------
                              W.P(c) No.2614 of 2021-B
                    ----------------------------------------------------
                       Dated this the 9th day of March, 2021

                                  JUDGMENT

The petitioner, who submitted an application for changing her name in the

mark statements issued by the CBSE, has filed this Writ Petition challenging

Ext.P5 order as explained in Ext.R1(a).

2. The petitioner's name was corrected as Sreelekshmi Baiju in the place

of Sreelekshmi.B, in Ext.P1 birth certificate issued on 26.5.2020. Her name was

originally Sreelekshmi.B. The petitioner had completed the Secondary School

Examination in the year 2017 and Senior School Certificate Examination in the

year 2019. In the mark statements her name was shown as Sreelekshmi B. On

getting the name corrected in the birth certificate, she submitted Ext.P6 application

for correction. As per Ext.R1(a) order the application was rejected on the ground

that it is not permissible as per clause 69.1(i) and 69.1(ii) of the Examination Bye-

laws.

3. The learned Standing Counsel has filed a statement reiterating the

contents of Ext.R1(a). It is stated that they entered the details in the mark lists as

per the details available in the school records. It is also pointed out that no

application was submitted before the mark statements were issued or before the

declaration of the Secondary or Senior School results. According to them, on the

basis of the revised birth certificate obtained subsequent to the passing of the

examination the petitioner cannot claim correction in the mark statements as the

respondents had entered the details on the basis of the information furnished by the

parents of the petitioner.

4. The petitioners requested for correction of the name on the basis of a

document, namely birth certificate issued by a statutory authority. When a

statutory authority has issued Ext.P1 certificate, it is only appropriate that the 4 th

respondent makes corresponding corrections in the school records. As the

petitioner has passed the examination of Secondary School and Senior Secondary

School only in the year 2017 and 2019 respectively and the application was

submitted in the year 2020, there is no delay. Just because the details furnished by

the parents were in tune with the name originally entered in the mark staement,

that will not stand in the way of correction. The petitioner has only requested for

expansion of the letter `B' by incorporating the name of her father which can be

seen from the passport also.

Therefore, Ext.R1(a) is set aside. There shall be a direction to the 4 th

respondent to see that the name of the petitioner is corrected as applied for in the

mark statements and school records within a period of two months from the date of

receipt of a copy of the judgment.

The Writ Petition is allowed accordingly.

Sd/- (P.V.ASHA, JUDGE)

rtr/

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER NUMBERED AS BT 084942 ISSUED BY THE KOLLAM CORPORATION DATED 26.05.2020.

EXHIBIT P1(a) THE TRUE COPY OF THE PASSPORT NUMBERED AS T 2047645 ISSUED ON 08.05.2019 TO THE PETITIONER DEPICTING HER NAME AS SREELEKSHMI BAIJU.

EXHIBIT P2 THE TRUE COPY OF THE MARK LIST OF THE PETITIONER IN SECONDARY SCHOOL EXAMINATION CONDUCTED BY THE CBSE ISSUED IN THE YEAR 2017 HAVING REGISTRATION NUMBER T117/07305/0127.

EXHIBIT P3 THE TRUE COPY OF THE MARK LIST OF SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED IN THE YEAR 2019 HAVING REGISTRATION NUMBERED AS T219/07305/0108.

EXHIBIT P3(a) THE TRUE COPY OF THE SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED IN THE YEAR 2019 WITH REGISTRATION NO. T219/07305/0108.

EXHIBIT P4 THE TRUE COPY OF THE BONAFIDE CERTIFICATE ISSUED BY THE TOLANI MARITIME INSTITUTE DATED 27TH AUGUST 2019.

EXHIBIT P5 THE TRUE COPY OF THE E-MAIL SENT FROM THE 4TH RESPONDENT OFFICE REJECTING THE APPLICATION SENT FROM THE PETITIONER THROUGH 5TH RESPONDENT SCHOOL DATED 25TH JANUARY 2021.

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER DATED 28TH JANUARY 2021 TO THE 1ST RESPONDENT.

EXHIBIT P6(a) THE TRUE COPY OF THE REPRESENTATION SENT TO THE 4TH RESPONDENT DATED 28TH JANUARY 2021.

RESPONDENTS' EXHIBITS

EXHIBIT R1(a) TRUE COPY OF REJECTION ORDER DATED 12.12.2020.