Delwin Ignatious vs Central Board Of Secondary ...
2021 Latest Caselaw 21332 Ker

               THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
   FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                     WP(C) NO. 21774 OF 2021
PETITIONER:

          DELWIN IGNATIOUS,
          AGED 23 YEARS,
          S/O. IGNATIOUS K.A.,
          KUTTIKKATT HOUSE,
          P.O KANDASSANKADAVU,
          KARAMUCK,
          THRISSUR DISTRICT,PIN-680 613

          BY ADV C.R.REKHESH SHARMA


RESPONDENTS:

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

    2     REGIONAL OFFICER, CBSE,
          OFFICE OF REGIONAL OFFICER OF CBSE,
          PLOT NO.1630AJ BLOCK, ANNA NAGAR WEST,
          CHENNAI-600040, TAMILNADU.

    3     THE REGIONAL OFFICER,
          CENTRAL BOARD OF SECONDARY EDUCATION,
          REGIONAL OFFICE, LIC BUILDING,
          B BLOCK, 2ND FLOOR,
          THIRUVANANTHAPURAM-695 004

    4     SARASWATY VIDYANIKETHAN,
          SENIOR SECONDARY SCHOOL,
          ENGANDIYUR, THRISSUR DISTRICT,
          P.O KUNDALIYUR, PIN-680 616,
          REPRESENTED BY ITS PRINCIPAL

          BY ADV SRI.NIRMAL S., SC, CBSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21774/2021

                                     2




                              JUDGMENT

Dated this the 29th day of October, 2021

The petitioner has approached this Court seeking

to direct the 3rd respondent to consider and dispose of Ext.P3

within a time limit fixed by this Court and make corrections in

the name of the petitioner as "DELWIN IGNATIOUS" in the

Secondary School Examination Certificate and issue a fresh

Certificate.

2. In the writ petition, the petitioner contended that his

name is wrongly written as "Delwin Ignatius" in the CBSE

Certificate issued to him, when his correct name is "Delwin

Ignatious". Due to the mistake of name in the CBSE

Certificate, the petitioner will have to face so many problems

in future while applying for higher studies and also when WP(C).No.21774/2021

applying for jobs abroad.

3. The petitioner submits that he had completed the

Secondary Schooling in the year 2013. The petitioner

submitted an application to the officials under the 1 st

respondent for correction of his name in the School records.

However, till now the 3rd respondent-CBSE has not

considered the application submitted by the petitioner.

4. The Standing Counsel representing the

respondents 1 to 3 contested the writ petition filing a

statement. The respondents 1 to 3 stated that the petitioner

has not made a formal application in the proper format to the

concerned School, for correction of his name. The petitioner

ought to have made a request through his School and then

only the Board will process the application and take a

decision in the matter. The learned Standing Counsel for the

respondents 1 to 3 submitted that the correction of name and

Date of Birth in the School records is now governed by a WP(C).No.21774/2021

judgment of the Hon'ble Apex Court in Jigya Yadav v.

C.B.S.E. [2021 (3) KLT 711 ].

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel for the respondents.

6. As the petitioner has not made a request for

correction of his name in School records as per proper format

and through the School where the petitioner has studied, to

get the name corrected, the petitioner definitely need to make

an application in the proper format and through the School. If

the petitioner makes such a proper application in the proper

form, the respondents 1 to 3 are bound to consider the same

in accordance with their Rules and Regulations and as per

the judgment of the Hon'ble Apex Court in Jigya Yadav

(supra).

In the circumstances, the writ petition is disposed

of permitting the petitioner to prefer an application for

correction of his name in the proper format to the 2 nd WP(C).No.21774/2021

respondent. If the petitioner makes such an application in the

proper format and through the School, within a period of one

month, the 2nd respondent shall consider the same and take a

decision thereon in accordance with law, within a further

period of six weeks.

Sd/-

N. NAGARESH JUDGE SR WP(C).No.21774/2021

APPENDIX OF WP(C) 21774/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 23.12.2011 Exhibit P2 TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE & MARLIST, ISSUED BY CBSE DTD. 26.05.2013 Exhibit P3 TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE 3RD RESPONDENT, DATED 22.6.2021

SR