Kerala High Court
Mohamed Musthafa vs The Central Board Of Secondary ... on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY,THE 24TH DAY OF NOVEMBER 2021/3RD AGRAHAYANA, 1943
WP(C) NO. 9329 OF 2021
PETITIONER:
MOHAMED MUSTHAFA
AGED 22 YEARS
S/O. MUHAMMAD HANEEFA ERADAN, ERADAN HOUSE,
KAKKOOTH, PERINTHALMANNA,
MALAPPURAM DISTRICT-679322.
BY ADV U.K.DEVIDAS
RESPONDENTS:
1 THE CENTRAL BOARD OF SECONDARY EDUCATION,
2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110301,
REPRESENTED BY CHAIRMAN.
2 THE SECRETARY,
CBSE REGIONAL OFFICE, 2ND FLOOR, BLOCK-B,
LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695004.
3 I.S.S. ENGLISH MEDIUM SENIOR SECONDARY SCHOOL,
PONNIAKURSSI P.O., PERINTHALMANNA,
MALAPPURAM DISTRICT, REPRESENTED BY ITS
PRINCIPAL, PIN-679322.
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.9329/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 24th day of November, 2021
The petitioner completed his Secondary School
Examination in the year 2015 from the 3 rd respondent-I.S.S.
English Medium Senior Secondary School, Perinthalmanna.
The name of the father of the petitioner was mistakenly shown
as 'Haneefa' in Ext.P1 School Certificate. The petitioner
states that the correct and full name of the petitioner's father is
'Muhammad Haneefa Eradan'. This is evident from Ext.P2
extract of admission register in respect of the petitioner's
father.
2. The petitioner states that he was born on
07.07.1999 at Perinthalmanna. Ext.P3 birth certificate would
show that the date of birth of the petitioner is 07.07.1999. The
petitioner submitted application for correction of the name of
WP(C) No.9329/2021
his father in the CBSE records as per Ext.P4. The 2 nd
respondent is not considering the application, contends the
petitioner. Therefore, the petitioner has filed this writ petition
seeking to direct the 2nd respondent to consider Ext.P4
application and correct the name of the father of the petitioner
in Ext.P1 certificate.
3. The learned Standing Counsel for the 2 nd
respondent contested the writ petition. The learned Standing
Counsel submitted that the competent authority to make any
correction in the CBSE records is the Regional Officer, CBSE
Regional Office, Thiruvananthapuram. The petitioner has
made the Secretary of the CBSE as a party and as 2 nd
respondent. He is not competent to deal with correction of
School records.
4. The learned Standing Counsel, on merits,
submitted that the correction of the School records is now
governed by the judgment of the Apex Court in Jigya Yadav
v. Central Board of Secondary Education [2021 (3) KLT
711 (SC)]. Any correction can be made only in terms of the
WP(C) No.9329/2021
Scheme in paragraphs 170 and 171 of the said judgment.
5. I have heard the learned counsel for the petitioner
and the learned Standing Counsel appearing for respondents
1 and 2. In view of the nature of the relief being granted in
this writ petition, notice to the 3 rd respondent is dispensed
with.
6. The name of the petitioner's father was erroneously
recorded in the School certificate. Ext.P2 extract of admission
register in respect of the petitioner's father would make it clear
that the correct name of the petitioner's father is 'Muhammad
Haneefa Eradan'. If the respondents do not correct the name
of the petitioner's father in the School certificate, the petitioner
is likely to face difficulties in his career and employment
prospects. In the circumstances, this Court is of the view that
the petitioner's application for correction of records should be
considered in the light of the judgment of the Apex Court in
Jigya Yadav (supra).
Accordingly, the writ petition is disposed of directing
the Regional Officer of the CBSE, Thiruvananthapuram to
WP(C) No.9329/2021
consider Ext.P4 application submitted by the petitioner in the
light of the law laid down by the Hon'ble Apex Court in Jigya
Yadav (supra). An order in this regard shall be passed within
a period of six weeks.
Sd/-
N. NAGARESH, JUDGE
aks/24.11.2021
WP(C) No.9329/2021
APPENDIX OF WP(C) 9329/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED
28/05/2015 ISSUED BY THE FIRST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE EXTRACT OF ADMISSION
REGISTER.
EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE
DATED 13/01/2020 ISSUED BY THE
REGISTRAR OF BIRTH AND DEATH AND
SECRETARY OF THE PERINTHALMANNA
MUNICICPALITY.
EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED
29/09/2020 WITHOUT ANNEXURES SUBMITTED
BEFORE THE SECOND RESPONDENT.
