Kerala High Court
Iswarya S Dhanesh vs Central Board Of Secondary ... on 7 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944
WP(C) NO. 10027 OF 2022
PETITIONER:
ISWARYA S DHANESH
AGED 33 YEARS
D/O.C.DHANESAN, DEVI NADAM, MATHILIL, PERINAD P.O.,
KOLLAM, PIN-691 601
BY ADVS.
A.AMRUTHA VIDYADHARAN
F.ANCY
T.O.DEEPA
KALA G.NAMBIAR
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY REGIONAL OFFICER,REGIONAL OFFICE, NEW
NO.3 (OLD NO.1630 A), 16TH MAIN ROAD J BLOCK, ANNA
NAGAR WEST, CHENNAI-600 040
2 THE PRINCIPAL,
S.N.TRUST CENTRAL SCHOOL, NEAR KARBALA JUNCTION,
KOLLAM-691 001
BY ADV S.NIRMAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 10027 OF 2022
Sathish Ninan, J.
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W.P.(C).No.10027 of 2022
==========================
Dated this the 7th day of April, 2022
JUDGMENT
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), is not being considered
by the 1st respondent, is the grievance of the petitioner.
2. Heard the learned counsel for the petitioner and
Sri.Nirmal S., the learned standing counsel for the Board.
Also perused the statement filed on behalf of the Board.
3. According to the petitioner, her date of birth is
30.12.1988, but has been erroneously recorded in the school
records as 02.05.1990. The petitioner relies on Ext.P1 Birth
Certificate issued by the Registrar of Births and Deaths,
Thrikkadavoor Panchayat, to substantiate the same.
4. The petitioner completed her 10 th standard in the year
2005. She seeks for correction of the school records only at
this distance of time. The petitioner has filed an additional
affidavit before this Court explaining the delay. According to
WP(C) NO. 10027 OF 2022
the petitioner, the mistake in the date of birth is due to
wrong entry in the records of the 2 nd respondent school at the
time of admission and the mistake remained unnoticed. It was
only when the petitioner started search for a job, the anomaly
in the date of birth was noticed.
5. 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 consequent to the acquisition of a
WP(C) NO. 10027 OF 2022
name by choice at a later point of time.
6. 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.
(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
WP(C) NO. 10027 OF 2022
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'.)
7. 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 could be accepted. Hence, I am of
the opinion that the petitioner's request is liable to be
considered.
8. Accordingly it is ordered that, on the petitioner
submitting a fresh application for change of date of birth
through the second respondent school on 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.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
rsr
WP(C) NO. 10027 OF 2022
APPENDIX OF WP(C) 10027/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE
PETITIONER DATED 21.10.1992 ISSUED BY
REGISTRAR OF BIRTHS AND DEATHS, THRIKKADAVOOR
PANCHAYAT
Exhibit P2 TRUE COPY OF THE AISSE 2005 PASS CERTIFICATE
ISSUED BY THE 1ST RESPONDENT DATED 24.05.2005
Exhibit P3 TRUE COPY OF THE AISSE 2005 MARK STATEMENT
ISSUED BY THE 1ST RESPONDENT DATED 24.05.2005
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
14.02.2022 GIVEN BY THE PETITIONER TO THE 2ND
RESPONDENT
Exhibit P5 THE TRUE COPY OF LETTER FORWARDED BY THE 2ND
RESPONDENT TO THE 1ST RESPONDENT DATED
22.02.2022
