Mohamed Favaz Vp vs Central Board Of Secondary ...
2021 Latest Caselaw 23351 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 13513 OF 2021
PETITIONER:

          MOHAMED FAVAZ VP,
          AGED 24 YEARS,
          S/O MOHAMMAD IQBAL PAP,
          ROSE VILLA, NR THERU,
          KUNHIMANGALAM (PO),
          KANNUR, PIN-670 309.

          BY ADV P.C.ANIL KUMAR

RESPONDENTS:

    1     CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),
          REPRESENTED BY ITS REGIONAL OFFICER,
          REGIONAL OFFICE, NEW NO 3, J BLOCK,
          16TH MAIN ROAD,
          ANNA NAGAR (WEST), CHENNAI-600 040

    2     PROGRESSIVE ENGLISH SCHOOL,
          AFFILIATED TO CBSE WITH REG NO:930127,
          WADIHUDA, PAZHAYANGADI P.O.,
          KANNUR-670 303.

          BY ADV SRI.NIRMAL S., SC, CBSE



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.13513/2021

                                     2




                             JUDGMENT

Dated this the 25th day of November, 2021

The petitioner is before this Court seeking to direct

the 1st respondent to reconsider and correct the spelling in the

name of father of the petitioner in the School records and mark

list, in the interest of Justice. The petitioner seeks to quash

Ext.P4 order also.

2. The petitioner submits that in Ext.P1

certificate/mark list, the name of the father is shown as

"Mohamed Iqbal". The name of petitioner's father as per his

School records is "Mohammad Iqbal PAP". The petitioner's

father had changed his name in all official records on the basis

of School records and also had made correction in the Birth

Certificate of the petitioner too, as is evidenced by Exts.P2 and

P3.

WP(C).No.13513/2021

3. Hence, the petitioner submitted an application

before the 2nd respondent to correct the spelling in petitioner's

father's name as "Mohammad Iqbal PAP" in the School

records. The 2nd respondent forwarded the request letter

dated 30.03.2021 to the 1st respondent to carry out

corrections. However, the 1st respondent rejected the

application stating that parent had changed the father's name

in the new Birth Certificate issued on 30.03.2021, which is

later than the result date of AISSE/2013 and the corrections

sought is not matching with the School records. Hence the

objections sought cannot be accepted. The petitioner is

aggrieved by Ext.P4.

4. The learned Standing Counsel representing the 1 st

respondent submitted that in view of the judgment of the

Hon'ble Apex Court in Jigya Yadav v. Central Board of

Secondary Education [2021 (3) KLT 711 (SC)], the correction

in the records of the CBSE is governed by the Scheme framed

by the Hon'ble Apex Court in the said judgment. Therefore, WP(C).No.13513/2021

the petitioner's claim can be considered in the light of the

judgment of the Hon'ble Apex Court.

5. Heard the learned counsel for the petitioner and the

learned Standing Counsel for the respondents.

6. The petitioner's father's name is "Mohammad Iqbal

PAP". Unless the petitioner's father's name is correctly

recorded in the CBSE records in respect of the petitioner, the

petitioner is likely is face difficulties in his educational as well

as professional carrier. In the circumstances, this Court is of

the view that the application submitted by the petitioner should

be considered in the light of the Scheme framed by the

Hon'ble Apex Court in Jigya Yadav v. Central Board of

Secondary Education [2021 (3) KLT 711 (SC)].

Accordingly, the writ petition is disposed of

directing the 1st respondent to consider the application for

correction of father's name submitted by the petitioner through

the 2nd respondent in accordance with the Scheme contained

in Jigya Yadav (Supra), within a period of six weeks. To WP(C).No.13513/2021

enable the 1st respondent to reconsider the matter in the light

of the judgment of the Hon'ble Apex Court, Ext.P4 order is set

aside.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.13513/2021

APPENDIX OF WP(C) 13513/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE/MARK LIST Exhibit P2 A TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER ISSUED BY THE HEAD MASTER PUTHIYANGADI JAMA-ATH HIGHER SECONDARY SCHOOL Exhibit P3 A DOWNLOADED COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE PAYYANNUR MUNICIPALITY Exhibit P4 A PHOTO COPY OF THE ORDER NO CBSE/RO(M)/CORRN/2019/13160 DATED 5.5.2021 Exhibit P5 A TRUE PHOTO COPIES OF THE RELEVANT PAGES OF THE EXAMINATION BYE-LAWS 2013 (UPDATED UP TO JANUARY 2013) Exhibit P6 A TRUE COPY OF NOTIFICATION DATED 25.6.2015 BEARING FILE NO CBSE/COORD/EC 31.3.2015