Savishna Valsan vs The Central Board Of Secondary ...
2022 Latest Caselaw 3971 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
                        WP(C) NO. 6001 OF 2022
PETITIONER:

           SAVISHNA VALSAN,
           AGED 21 YEARS,
           D/o.BHAKTHAVALSALAN P.S.,
           SREEVALSAM, MUNDAYAD P.O.,
           VARAM, KANNUR, KERALA -, PIN - 670594

           BY ADVS.
           SRI.DENIZEN KOMATH
           SRI.DIASTUS KOMATH
           SRI.ANUJ VISHNU


RESPONDENTS:

    1      THE CENTRAL BOARD OF SECONDARY EDUCATION,
           SHIKSHA SADAN, INSTITUTIONAL AREA,
           ROUSE AVENUE, NEW DELHI,
           REPRESENTED BY ITS SECRETARY, PIN - 110002.

    2      DEPUTY SECRETARY,
           CBSE (REGIONAL OFFICE) NEW # 3,
           J BLOCK, 16TH MAIN ROAD,
           ANNA NAGAR (WEST), CHENNAI, PIN - 600040

    3      THE PRINCIPAL, ARMY PUBLIC SCHOOL,
           BURNACHERY P.O, KANNUR,
           KERALA., PIN - 670013

  ADDL.4   REGIONAL OFFICER,
           CBSE REGIONAL OFFICE,
           BLOCK-B, 2ND FLOOR,
           LIC DIVISIONAL OFFICE CAMPUS,
           PATTOM, THIRUVANANTHAPURAM, PIN-695004

           (ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
           05.04.2022 IN I.A.No.1 OF 2022)

           BY ADV. SRI.NIRMAL S., SC, CBSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.6001/2022

                                   2




                            JUDGMENT

Dated this the 5th day of April, 2022

The petitioner, who was a student of the 3 rd

respondent-School, is before this Court seeking to direct the

respondents to carry out the correction of name of the

petitioner's father as "Bhakthavalsalan P.S." in the school

records of the petitioner including mark list, on such terms

and conditions, within a specific time fixed by this Court.

2. The learned counsel for the petitioner states that

the name of petitioner's father as per the Government

records is "Bhakthavalsalan P.S.". The name of the

petitioner's father is "Bhakthavalsalan P.S.", which is evident

from Ext.P5 Aadhaar Card. But, mistakenly in the petitioner's

School records, the name of the father is shown as "PSB

Valsan" instead of "Bhakthavalsalan P.S.". This mistake has WP(C)No.6001/2022

crept in the School Certificates and Secondary School Mark

List of the petitioner.

3. The petitioner came to know of this mistake only

when she attempted to apply for further studies abroad. The

petitioner approached the respondents for correction of her

father's name in the School records and educational

certificates. The respondents are not accepting the

application for correction, stating that there is delay in

submission of application. At present, for studies and

employment requirements, the mistake in recording the name

of the father of the petitioner, has adversely affected resulting

in series of difficulties to the petitioner. Hence, the petitioner

has filed this writ petition.

4. The learned Standing Counsel for the respondents

entered appearance and contested the writ petition. The

learned Standing Counsel submitted that the correction of

CBSE records can now be made only as per the Scheme WP(C)No.6001/2022

laid down by the Hon'ble Apex Court in Jigya Yadav v.

Central Board of Secondary Education [2021 (3) KLT 711

(SC)]. The learned Standing Counsel further submitted that

the Board has not received any formal application for

correction. The petitioner ought to have made formal

application before the CBSE routed through the School in

which the petitioner studied, for effecting correction.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

respondents.

6. It is not disputed that the procedure/norms relating

to the correction of Date of Birth and name of Candidates

and parents in CBSE records are now governed by the

judgment of the Hon'ble Apex Court in Jigya Yadav (supra),

till amended bye-laws are notified by the CBSE. Therefore,

application for correction submitted by the petitioner will have

to be considered in the light of the judgment of the Apex WP(C)No.6001/2022

Court. However, as pointed out by the learned Standing

Counsel for the respondents, such application should be

routed through the 3rd respondent-School.

In such circumstances, the writ petition is disposed

of directing the petitioner to submit fresh application for

correction of the name of her father through the 3 rd

respondent. The application should be supported by copies

of all relevant documents. The 3rd respondent shall effect

necessary changes in the School records and forward the

application to the additional 4th respondent. The additional

4th respondent shall take a decision on the application for

corrections so made by the petitioner, within a period of six

weeks, from the date of receipt of the application.

Sd/-

N. NAGARESH JUDGE SR WP(C)No.6001/2022

APPENDIX OF WP(C) 6001/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE PHOTOCOPY OF SCHOOL CERTIFICATE ISSUED FROM 3RD RESPONDENT SCHOOL IN THE YEAR 2017.

Exhibit P-1(a) TRUE PHOTOCOPY OF CERTIFICATE ISSUED BY 3RD RESPONDENT IN THE YEAR 2015.

Exhibit P-2 TRUE PHOTOCOPY OF AADHAR CARD OF PETITIONER.

Exhibit P-3 TRUE PHOTOCOPY OF PASSPORT OF PETITIONER WILL ALSO SUBSTANTIATE THE CORRECT NAME OF PETITIONER'S FATHER. Exhibit P-4 TRUE PHOTOCOPY OF JUDGMENT DATED 18.08.2017 IN WPC.NO. 27355 OF 2017 OF THIS HON'BLE COURT .

Exhibit P-5 TRUE PHOTOCOPY OF THE AADHAR CARD OF THE PETITIONER'S FATHER.

SR