Parvathy S. J vs The Assistant Secretary
2021 Latest Caselaw 20812 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                             WP(C) NO. 18320 OF 2021
PETITIONER:

              PARVATHY S. J.
              AGED 29 YEARS
              D/O. JAYASREE D., NANDANAM, BHARANIKAVU, PUNALUR P. O.,
              KOLLAM - 691 305, FROM NANDANAM, NELLIPPALLY P. O.,
              PUNALUR, KOLLAM - 691 008.

              BY ADV B.MOHANLAL



RESPONDENTS:

     1        THE ASSISTANT SECRETARY
              CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW
              NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI - 40.

     2        THE JOINT SECRETARY AND REGIONAL OFFICER
              CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR, BLOCK -G,
              LIC DIVISIONAL OFFICE CAMPUS, PATTOM P. O.,
              THIRUVANANTHAPURAM - 695 004.

     3        THE CAIRMAN
              CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2,
              COMMUNITY CENTRE, PREETH VIHAR, DELHI - 110 092.

     4        THE CONTROLLER OF EXAMINATIONS
              CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J-BLOCK,
              ANNA NAGAR (WEST), CHENNAI - 40.

     5        THE PRINCIPAL
              SABARIGIRI SENIOR SECONDARY SCHOOL, THOLICODE P. O.,
              PUNALUR, KOLLAM - 691 333.

* ADDL. R6 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION,
           REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST),
           CHENNAI - 40.

* [ADDL. RESPONDENT NO.6 IS SUO MOTU IMPLEADED IN THIS WRIT PETITION
AS PER ORDERS OF THIS COURT DATED 06.10.2021]

              BY ADV SRI.NIRMAL S., SC, CBSE


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
             = = = = = = = = = = = = = = = = = =
                 W. P. (C) No.18320 of 2021
             = = = = = = = = = = = = = = = = = =
           Dated this the 6th day of October, 2021

                        J U D G M E N T

Contending that the request of the petitioner for

correction of date of birth in the school records and

the records of the Central Board of Secondary Education

(CBSE) was not entertained by the Board, the petitioner

has approached this Court.

2. According to the petitioner, her date of birth

is 05.10.1992, but has been erroneously recorded in the

school records as 04.04.1994. The petitioner relies on

Ext.P5 birth certificate issued by the Registrar of

Births and Deaths, Kollam Corporation, to substantiate

the same.

3. The petitioner completed her 10 th standard in the

year 2009. She seeks for correction of the school

records at this distance of time. According to the

petitioner, the mistake was noticed only now, when after W. P. (C) No.18320 of 2021

her marriage, steps were taken to secure a spouse visa

to join her husband.

4. The right of a student of the Board to seek for

correction/change of the particulars in the school

records and the certificates issued by the Board has

been dealt with exhaustively by the Apex Court in Jigya

Yadav v. CBSE [2021 (3) KLT 711 (SC)]. The situations were

divided into two categories namely, where "correction"

is sought and, where "change" is sought. Under the

category of "corrections" the Apex Court included cases

where the certificates issued by the Board were required

to be made consistent with the particulars mentioned in

the school records. In the category of "change" of

particulars, two situations were contemplated-firstly,

where by the records of the Board provide particulars

different from that provided in public documents like

birth certificate, aadhar card, election card etc. and

secondly, a case of request for change of name

consequent to the acquisition of a name by choice at a W. P. (C) No.18320 of 2021

later point of time.

5. In the case at hand, the issue involved relates

to "change" of particulars in the certificate issued by

the CBSE to make it consistent with public document and

hence would fall within the first classification, of the

second category. With regard to the said cases, the Apex

Court observed that the legal presumption in relation to

public documents as envisaged in the Indian Evidence

Act, 1872 cannot be ignored by the Board. It was

accordingly held that, request for effecting such

changes in the certificates issued by the Board, to make

it in conformity with the public documents, could be

entertained. It was further observed by the Apex Court

that the Board is entitled to impose reasonable

conditions while considering such request. The

conditions observed by the Apex Court are:-

(a) An affidavit containing a declaration and an

undertaking to indemnify the Board.

(b) Payment of fee for administrative expenses. W. P. (C) No.18320 of 2021

(c) The Board may in a given case, depending on the

facts, require effecting of public notice and

publication in the official gazette.

(d) Require surrender of the original certificate.

(e) A fresh certificate issued may contain

disclaimer and caption/annotation against the original

entry. (Except in respect of change of name effected in

exercise of 'right to be forgotten'.)

6. While it is true that there has been delay on

the part of the petitioner in seeking for the "change",

the explanation offered by the petitioner that the

mistake was noticed only recently when steps were taken

for securing a spouse visa after her marriage, cannot be

brushed aside, especially considering her age. Hence, I

am of the opinion that the petitioner's request is

liable to be considered.

7. Accordingly it is ordered that, on the

petitioner submitting an application for change of date

of birth through the second respondent school on W. P. (C) No.18320 of 2021

complying with the requirements as above, then the sixth

respondent shall consider the same in the light of the

judgment of the Apex Court referred to supra.

Writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 18320/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF BIRTH CERTIFICATE DATED 04.09.2021 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOLLAM CORPORATION TO THE PETITIONER.

Exhibit P2 THE TRUE COPY OF THE MARKS STATEMENT OF SECONDARY SCHOOL EXAMINATION 2009 DATED 26.05.2009 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P3 THE TRUE COPY OF THE ORDER NO.CBSE/COORD/AS/ C/2017 DATED 01.02.2018 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4 THE TRUE COPY OF THE JUDGMENT DATED 03.12.2020 IN W.A.NO.1533/2020 OF THIS HON'BLE COURT.

Exhibit P5 THE TRUE COPY OF CORRECTED BIRTH CERTIFICATE ISUED BY THE REGISTRAR OF BIRTH AND DEATH, KOLLAM CORPORATION DATED 7.9.2021

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