Kerala High Court
Akhila.P vs Regional Officer on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
WP(C) NO. 15797 OF 2021
PETITIONER:
AKHILA.P
AGED 29 YEARS
DAUGHTER OF VIJUKUMAR D., RESIDING AT KUMAR BHAVAN,
PUTHIYAVILA NORTH, PATTOLI MARKET P.O., ALAPPUZHA DISTRICT,
PIN-690531, KERALA STATE.
BY ADVS.
BASIL MATHEW
NINAN JOHN
SANJANA SARA VARGHESE ANNIE
RESPONDENTS:
1 REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW
NO.3, (OLD NO.1630-A1), J BLOCK, 16TH MAIN ROAD, ANNA NAGAR
(WEST), CHENNAI-600040.
2 THE PRINCIPAL,
SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM, ALAPPUZHA
DISTRICT, KERALA STATE, PIN-690502.
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.15797 of 2021
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Dated this the 23rd day of September, 2021
J U D G M E N T
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
turned down by the Board as per Annexure-R1(a)
communication dated 18.08.2021. Aggrieved thereby, the
petitioner has approached this Court.
2. According to the petitioner, her date of birth
is 06.12.1991, but has been erroneously recorded in the
school records as 06.05.1992. The petitioner relies on
Ext.P1 birth certificate issued by the Registrar of
Births and Deaths, Krishnapuram Grama Panchayat and also
Ext.P3 passport, to substantiate the same.
3. The petitioner completed her 10 th standard in the
year 2008. She seeks for correction of the school
records only at this distance of time. According to the
W. P. (C) No.15797 of 2021
learned counsel for the petitioner, the mistake was
noticed only now when the petitioner made preparations
to go abroad for higher studies.
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
W. P. (C) No.15797 of 2021
consequent to the acquisition of a name by choice at a
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 documents 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.
W. P. (C) No.15797 of 2021
(b) Payment of fee for administrative expenses.
(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 when preparations were made for
study abroad, cannot be brushed aside especially
considering her age. Hence, I am of the opinion that the
petitioner's request is liable to be considered afresh.
7. Accordingly it is ordered that, on the
petitioner submitting a fresh application for change of
date of birth through the second respondent school on
W. P. (C) No.15797 of 2021
complying with the requirements as above, then the first
respondent shall consider the same in the light of the
judgment of the Apex Court referred to supra and dehors
Annexure-R1(a) communication dated 18.08.2021.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 15797/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER ISSUED BY THE REGISTRAR OF BIRTH
AND DEATHS AND SECRETARY, KRISHNAPURAM GRAMA
PANCHAYAT, DATED 08.11.2012.
Exhibit P2 THE TRUE COPY OF THE MARK STATEMENT WITH
S.NO.SSE/2008/363129 DATED 27.05.2008 ISSUED
BY C.B.S.E.
Exhibit P3 THE TRUE COPY OF THE PASSPORT OF THE
PETITIONER BEARING NO.R 8029963 DATED
29.12.2017.
Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED
08.07.2021 SUBMITTED TO THE 1ST RESPONDENT
WITHOUT ANNEXURE.
Exhibit P5 THE TRUE COPY OF THE POSTAL ACKNOWLEDGMENT
CARD EVIDENCING THE RECEIPT OF EXT P4 NOTICE.
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