Aleesha T.John vs Central Board Of Secondary ...
2021 Latest Caselaw 19962 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                        WP(C) NO. 17557 OF 2021
PETITIONER:

          ALEESHA T.JOHN
          AGED 21 YEARS
          D/O. JOHN C.C, CHARUVILA VEEDU, NELLIKUNNAM P.O,
          KOTTARAKARA, KOLLAM DISTRICT.

          BY ADVS.
          GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
          A.R.DILEEP
          P.J.JOE PAUL
          MANU SRINATH



RESPONDENTS:

    1     CENTRAL BOARD OF SECONDARY EDUCATION
          SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, NEW
          DELHI - 110 092
          REPRESENTED BY ITS SECRETARY

    2     REGIONAL OFFICE OF THE CENTRAL BOARD OF SECONDARY
          EDUCTION, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE
          CAMPUS, PATTOM, THIRUVANANTHAPURAM, KERALA - 695 004
          REPRESENTED BY ITS REGIONAL OFFICER.

    3     CARMEL RESIDENTIAL SENIOR SECONDARY SCHOOL
          KADALAVILA, KOTTARAKARA, KOLLAM 691 506
          REPRESENTED BY ITS PRINCIPAL.

          BY ADV SRI.NIRMAL S., SC, CBSE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.17557/2021
                                             2



              P.V.KUNHIKRISHNAN, J
    --------------------------------------
            W.P.(C)No.17557 of 2021
    --------------------------------------
    Dated this the 24th day of September 2021

                              JUDGMENT

The above writ petition is filed with

following prayers:

"i) issue a writ in the nature of certiorari or any other writ, direction or order calling for the records leading to Ext.P9 and quash the same to the extent it refuses to make correction/change in the name of the mother of the petitioner.

ii) issue a writ in the nature of mandamus or any other writ, direction or order directing the 1st and 2nd respondents to change the name of the mother of the petitioner from "Prabha John" to Prabha P.K. in Exts.P1 and P2 and issue a fresh certificate in lieu of Exts.P1 & P2 after effecting such changes, within a short time frame as may be decided by this Hon'ble Court;

iii) issue such other writ, direction or order as deemed fit;"

2. The petitioner is a student of the 3rd

respondent School and she successfully cleared

the 10th and 12th standard examinations conducted WP(C) NO.17557/2021

by the 1st respondent in the year 2016 and 2018,

respectively. Exts.P1 and P2 are the

certificates. But in Ext.P3 birth certificate

relied on at the time of her admission by the 3 rd

respondent, the name of the mother of the

petitioner was shown as 'Prabha John' instead of

her real name 'Prabha P.K.' as evident by Ext.P4

and P5. There was a mistake in the father's

name also. Having noticed the mistake, the

parents of the petitioner got their names

corrected in the birth certificate of the

petitioner as evident by Ext.P7. Thereafter,

they made an application to the 3rd respondent

for correction which was forwarded to the 2nd

respondent for necessary due action. The said

request for the change of name of the mother of

the petitioner was rejected as per Rule

No.69.1(i) of the Examination Byelaws. Ext.P9

is the communication received by the 3rd

respondent from the 2nd respondent. Aggrieved by

the same, this writ petition is filed. WP(C) NO.17557/2021

3. Heard the learned counsel for the

petitioner and the learned Standing counsel for

respondents 1 and 2.

4. Today, when the writ petition came up

for consideration, the learned Standing counsel

for the 1st respondent submitted that in the

light of the decision of the Apex Court in

Jigya Yadav v. Central Board of Secondary

Education [2021 (3) KLT 711], this Court can

pass appropriate orders. The learned counsel

for the petitioner also submitted that, the

petitioner will be satisfied if such an order is

passed.

After hearing both sides, I think this writ

petition can be disposed in the light of Jigya

Yadav's case (supra) in the following manner:

i) The petitioner shall file a formal

application before the 3rd respondent disclosing

the details along with other public documents

for changing the name of the mother in the CBSC

records.

WP(C) NO.17557/2021

ii) The petitioner shall also file an

affidavit along with the above, referring to the

facts and disclosing the same. The petitioner

shall also indemnify C.B.S.E. against any loss

that may be caused to any third party by the

correction.

iii) The petitioner shall also surrender

the original certificate sought to be corrected

along with the application.

iv) On receipt of the application as

above, the 3rd respondent shall make necessary

corrections and forward the same to the 2nd

respondent within four weeks from the date of

receipt of the application.

v) The 2nd respondent shall inform the

petitioner by email, the administrative expenses

which the petitioner shall remit forthwith.

vi) The 2nd respondent shall process the

application and shall pass appropriate orders in

the light of paragraphs 170 and 171 of the

judgment of the Apex Court in Jigya Yadav v. WP(C) NO.17557/2021

Central Board of Secondary Education [2021

(3) KLT 711] as expeditiously as possible, at

any rate, within four weeks from the date of

receipt of the communication from the 3rd

respondent.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.17557/2021

APPENDIX OF WP(C) 17557/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF SECONDARY SCHOOL EXAMINATION OF THE PETITIONER

EXHIBIT P2 A TRUE COPY OF CERTIFICATE OF ALL INDIA SENIOR SCHOOL CERTIFICATE EXAMINATION, 2018 ISSUED BY CBSE TO THE PETITIONER ALONG WITH MARKS STATEMENT

EXHIBIT P3 A TRUE COPY OF BIRTH CERTIFICATE ISSUED BY KOTTARAKARA PANCHAYATH DATED 13-03-

EXHIBIT P4 A TRUE COPY OF AADHAR OF THE MOTHER OF THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE MOTHER OF THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE ONE AND THE SAME CERTIFICATE ISSUED BY THE VILLAGE OFFICER, UMMANNOOR DATED 11-04-2019

EXHIBIT P7 A TRUE COPY OF BIRTH CERTIFICATE DATED 03-05-2019 ISSUED BY THE KOTTARAKARA MUNICIPALITY

EXHIBIT P8 A TRUE COPY OF REPRESENTATION DATED 13-

05-2019 PRESENTED BY THE PARENTS OF THE PETITIONER TO THE 3RD RESPONDENT

EXHIBIT P9 A TRUE COPY OF COMMUNICATION RECEIVED BY THE 3RD RESPONDENT FROM THE 2ND RESPONDENT.

EXHIBIT P10 A TRUE COPY OF NOTIFICATION NO.

CBSE/COORD/AS(C)/2017 DATED 01-02-2018 PUBLISHED BY THE CONTROLLER OF EXAMINATION OF CBSE.

RESPONDENTS EXHIBITS : NIL

               //TRUE COPY//        PA TO JUDGE