Josna Mariyam Joseph vs Central Board Of Secondary ...
2021 Latest Caselaw 9954 Ker

WP(C).No.21004 OF 2020(A)
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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                      WP(C).No.21004 OF 2020(A)


PETITIONER/S:

                JOSNA MARIYAM JOSEPH
                AGED 16 YEARS
                REPRESENTED BY FATHER JOSEPH GEORGE,
                NADUVELETHU,KOKKATHODE.P.O,
                PATHANAMTHITTA,KERALA-689691.

                BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL

RESPONDENT/S:

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

      2         CENTRAL BOARD OF SECONDARY EDUCATION,
                REPRESENTED BY REGIONAL OFFICER,
                REGIONAL OFFICE,NEW NO.3,OLD NO.1630 A,J.BLOCK,16TH
                MAIN ROAD,ANNANAGAR(WEST),CHENNAI-600040.

      3         REGIONAL OFFICER,
                CBSE REGIONAL OFFICE,BLOCK-B,
                2ND FLOOR,LIC DIVISIONAL OFFICE CAMPUS,
                THIRUVANANTHAPURAM-695004.

      4         PRINCIPAL,
                PUSHPAGIRIYIL CENTRAL SCHOOL,EDAMON-34,
                KOLLAM DISTRICT-691307.

                R1-3 BY SRI.NIRMAL S., SC, CBSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21004 OF 2020(A)
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                                     JUDGMENT

Dated this the 24th day of March 2021

Petitioner is aggrieved by the order rejecting her

application for correcting the name of her mother as per Ext.P6

order on the ground that there is no provision for the same

under rule 69.1(l) of the Examination Bye Laws.

2. The petitioner is studying in 12th Standard of the 4th

respondent School which is governed by the CBSE. In Ext.P1

Marks Statement cum Certificate issued on 06.05.2019 the name of

her mother is shown as Jessy Joseph. It is stated that her

mother's name is Jessy O. Producing the SSLC Certificate of

petitioner's mother, the marriage Certificate of her parents and

the birth certificate Ext.P4 issued on 28.05.2019 petitioner

submitted an application for correction of the name of her

mother in Ext.P1 and in her School records. That application was

rejected as per Ext.P6.

3. The Writ Petition was filed at a time when the

petitioner was not in receipt of Ext.P6 saying that application

is pending.

4. Learned Standing Counsel for the respondents filed a

statement producingExt.R1(a) stating that the name cannot be

corrected on the basis of birth certificate which the petitioner

obtained subsequent to the examination that is after Ext.P1 WP(C).No.21004 OF 2020(A)

Marks Statement was issued.

5. It is seen that application was submitted by the

petitioner immediately after Ext.P1 Certificate was issued and

she is yet to complete her 12th Standard under the respondents.

Application has been submitted on the basis of the birth

certificate which is issued by a statutory authority. When such

authority has issued orders in which the name of petitioner's

mother is shown as Jessy O., it is only appropriate that the 3 rd

respondent effects correction in tune with the entry in Ext.P4

birth certificate. Even as per the provisions contained in the

Examination Bye Laws correction/changes can be effected in case

it is recognised by the court or in case there is a publication

in gazette.

In the aforesaid circumstances, Ext.P6 order is set aside.

There shall be a direction to the 3 rd respondent to reconsider

the application submitted by the petitioner and to see that

orders are issued effecting correction of the name of

petitioner's mother in Ext.P1 Certificate within a period of two

months from the date of receipt of a copy of the judgment.

The Writ Petition is disposed of accordingly.

Sd/-

                                                           P.V.ASHA

rkc                                                         JUDGE
 WP(C).No.21004 OF 2020(A)




                             APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1              TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION

MARK STATEMENT COME CERTIFICATE ISSUED BY THE CBSE DATED 06/05/2019.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF PETITIONERS MOTHER'S SSLC CERTIFICATE IN WHICH IT IS STATED THAT JESSY O.

EXHIBIT P3 TRUE COPY OF THE MARRIAGE CERTIFICATE OF PETITIONER'S MOTHER.

EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS PUNALUR MUNICIPALITY.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF SSLC CERTIFICATE OF THE PETITIONER'S FATHER.

EXHIBIT P6 A TRUE COPY OF THE ORDER ISSUED BY THE CBSE TAKEN FROM CBSE SITE.

RESPONDENTS' EXHIBITS

ANNX.R1A TRUE COPY OF THE REJECTION ORDER DATED 13.12.19