Kerala High Court
Nizamudheen Noorudheen vs The Central Board Of Secondary ... on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 4723 OF 2022
PETITIONER:
NIZAMUDHEEN NOORUDHEEN,AGED 26 YEARS
S/O.NOORUDEEN MOHAMMED, MALIYAKKATHODI HOUSE,
THAZHECODE WEST POST, PERUNTHALMANNA TALUK,
MALAPPURAM DISTRICT - 679 322.
BY ADV SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE CENTRAL BOARD OF SECONDARY EDUCATION
HEAD QUARTER, SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, DELHI - 110 092,
REPRESENTED BY CONTROLLER OF EXAMINATION.
2 *(THE REGIONAL DIRECTOR)
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE (CHENNAI), NEW NO.3, OLD NO.1630A,
J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST,
CHENNAI - 600 040.
* CORRECTED AS REGIONAL OFFICER
3 **(THE REGIONAL DIRECTOR,)
CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE (TVM), CTTC, ADMIN BLOCK, BSNL RTTC CAMPUS,
KAIMANAM, THIRUVANANTHAPURAM - 695 040.
**CORRECTED AS REGIONAL OFFICER
* AND ** CORRECTIONS IN CAUSETITLE CARRIED OUT AS PER ORDER
DATED 15.03.2022 IN WPC 4723/2022.
4 ANSAR ENGLISH SCHOOL, PERIMPILAVU, KARIKKAD P.O,
THRISSUR, KERALA - 680 519, REPRESENTED BY ITS PRINCIPAL
5 ST.JOSEPH ENGLISH MEDIUM SCHOOL, VALANCHERRY- NILAMBUR ROAD,
PUTHANANGADI, KERALA - 679 321, REPRESENTED BY ITS PRINCIPAL.
ARE IMPLEADED AS PER ORDER DATED 07.04.2022 IN I.A.NO.1 OF
2022
BY ADV NIRMAL.S- R1 TO R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.4723 OF 2022
2
JUDGMENT
Dated this the 7th day of April, 2022
The petitioner has approached this Court seeking to
direct respondents 2 and 3 to consider Exts.P7 and P8
respectively and to change the name of the petitioner as well
as that of his father in Exts.P1 and P2 Certificates as
expeditiously as possible or at any rate, within a period of one
month.
2. The petitioner completed his 10th Standard in the year
2013. He completed his 12th Standard in the year 2016. The
petitioner through a gazette notification changed his name as
'Nizamudheen Noorudheen' instead of 'Nizamudheen'
mentioned in Exts.P1 and P2 Certificate. Thereafter, the
WP(C) NO.4723 OF 2022
petitioner filed application to correct his name in the School
Certificates.
3. Though the petitioner submitted Exts.P7 and P8
request before respondents 2 and 3 for changing the name in
the records so as to avoid any complication in the future, the
applications were not considered. It is in such circumstances
that the petitioner has approached this Court.
4. The learned Standing Counsel for respondents 1 to 3
filed a statement. The Standing Counsel submitted that the
Hon'ble Apex Court delivered its judgment in Jigya Yadav v.
Central Board of Secondary Education [2021 (3) KLT
711(SC)] exhaustively dealing with the issue of correction of
CBSE records/certificates.
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
WP(C) NO.4723 OF 2022
parents are now governed by the judgment of the Hon'ble
Apex Court in Jigya Yadav v. Central Board of Secondary
Education (supra) till the amended bye-laws are notified by
the CBSE. Therefore the application for correction submitted
by the petitioner will have to be considered in the light of the
judgment of the Apex Court.
7. In such circumstances, the writ petition is disposed of
directing the 2nd respondent to consider the application for
correction of Ext.P1 and the 3rd respondent to consider the
request for correction of Ext.P2 Certificate. Respondents 2
and 3 shall consider the applications in the light of law laid
down by the Hon'ble Apex Court in Jigya Yadav v. Central
Board of Secondary Education (supra) and as per scheme
provided in paragraphs 170 and 171 of the judgment.
A decision in this regard shall be taken by the 2 nd
respondent within a period of four weeks and by the 3 rd
respondent within 4 weeks thereafter. To enable the
WP(C) NO.4723 OF 2022
respondents to consider the applications afresh in the light of
the judgment of the Hon'ble Apex Court, Exts.P7 and P8
orders are set aside.
sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.4723 OF 2022
APPENDIX OF WP(C) 4723/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE CBSE VIDE NO.S.NO.SSE/20130810958
DATED 26/05/2013.
Exhibit P2 TRUE COPY OF THE CERTIFICATE
NO.SSCE/2016/1227050 DATED 21/05/2016.
Exhibit P3 TRUE COPY OF THE GAZETTE NOTIFICATION
PUBLISHED IN THE KEREALA GAZETTE DATED
02/11/2021.
Exhibit P4 TRUE COPY OF THE AADHAR CARD ISSUED BY
THE UNIQUE IDENTIFICATION AUTHORITY OF
INDIA IN THE NAME OF THE PETITIONER.
Exhibit P5 TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER'S FATHER AS NOORUDEEN
MOHAMMED.
Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE VILLAGE OFFICER, THAZHECODE
CERTIFYING THAT NOORUDEEN MOHAMMED AND
MOHAMMED NOORUDHEEN ARE ONE AND THE
SAME.
Exhibit P7 TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 10/12/2021.
Exhibit P8 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT DATED 10/12/2021.
