Amal Dev.V vs The Central Board Of Secondary ...
2022 Latest Caselaw 4861 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
        FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                        WP(C) NO. 17542 OF 2021
PETITIONER/S:

            AMAL DEV.V.,
            AGED 25 YEARS
            S/O I.VIJAYAN, 3C KRIPA, DAWSON VIHAR,
            THYKOODAM, VYTTILA PO., ERNAKULAM-682 019.
            BY ADVS.
            M.R.SARIN
            N.RENJU


RESPONDENT/S:

    1       THE CENTRAL BOARD OF SECONDARY EDUCATION,
            REPRESENTED BY ITS SECRETARY, SIKSHA KENDRA-2,
            COMMUNITY CENTRE, PREETHI VIHAR, NEW DELHI.
    2       THE REGIONAL OFFICER,
            CENTRAL BOARD OF SECONDARY EDUCATION,
            REGIONAL OFFICE, PLOT NO.1630 A J BLOCK,
            ANNA NAGAR WEST CHENNAI-600 040.
    3       REGIONAL OFFICER,
            CENTRAL BOARD OF SECONDARY EDUCATION,
            REGIONAL OFFICE, LIC BUILDING, B-BLOCK,
            2ND FLOOR, THIRUVANANTHAPURAM-695 004.
    4       JAWAHAR NAVODAYA VIDYALAYA,
            KOTTARAKARA, KOLLAM, KERALA-691 531.
    5       THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA,
            KOTTARAKARA, KOLLAM-691 531.
    6       THE ADICHANALOOR GRAMA PANCHAYATH,
            REPRESENTED BY ITS SECRETARY,
            (REGISTRAR OF BIRTHS AND DEATH), KOLLAM-691 572.
            BY ADVS.
            SRI.NIRMAL S., SC, CBSE
            K.SIJU
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17542 OF 2021
                              2



                MOHAMMED NIAS C.P., J
             =====================
               W.P.(C) No.17542 of 2021
             =====================
            Dated this the 29th day of April, 2022


                       JUDGMENT

The petitioner has approached this Court seeking a

direction to the 2nd and 3rd respondents to consider and

dispose of Ext. P3, which is filed seeking correction of the

name which is wrongly entered in the certificates.

2. A statement has been filed by the learned

Standing Counsel for CBSE pointing out that the petitioner

had preferred Ext.P3 directly before the 2 nd respondent

without following the requisite procedure for change of

name as prescribed in the CBSE Bye-laws. It is also

pointed out that the petitioner had passed the Secondary

School Examination in the year 2009 and there is a delay

of more than 12 years in applying for correction. The

statement also relies on the judgment of the Apex Court in

Jigya Yadav V, Central Board of Secondary

Education (2021 (3) KLT 711) and in particular para WP(C) NO. 17542 OF 2021

171 in support of their contentions.

3. Having heard the learned counsel for the

petitioner and the learned Standing counsel for the CBSE. I

dispose of the writ petition directing the petitioner to file a

fresh application for correction/change of his name before

the 5th respondent within a period of three weeks from

today, who then shall forward the same to the 2 nd

respondent for appropriate action in accordance with

directions issued in Jigya Yadav's case (Supra). The 2nd

respondent will take a decision within a period of six

weeks from the date of receipt of application from the 5 th

respondent.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P., JUDGE

LU WP(C) NO. 17542 OF 2021

APPENDIX OF WP(C) 17542/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE CUM GRADE SHEET ISSUED TO THE PETITIONER BY THE CONTROLLER OF EXAMINATION.

EXHIBIT P3 THE TRUE COPY OF THE LETTER ISSUED TO THE 2ND RESPONDENT BY THE PETITIONER ON 10.04.2021.

             //   True Copy //       PA To Judge