Praseetha S vs Central Board Of Secondary ...
2022 Latest Caselaw 12075 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
    THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                        WP(C) NO. 41949 OF 2022
PETITIONER/S:

          PRASEETHA S
          AGED 32 YEARS
          D/O. JAYAPRAKASH, KALARICKALVELY, KURUPPANKULANGARA
          POST, CHERTHALA, ALAPUZHA-688 539.

          BY ADVS.
          V.T.MADHAVANUNNI
          ANAND V.S



RESPONDENT/S:

    1     CENTRAL BOARD OF SECONDARY EDUCATION
          REPRESENTED BY ITS SECRETARY, OFFICE OF THE CBSE, NEW
          DELHI-100 001.

    2     THE DEPUTY SECRETARY
          CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,
          1630-A, J-BLOCK ANNA NAGAR WEST ,CHENNAI-600 040.

    3     THE PRINCIPAL
          JAWAHAR NAVODAYA VIDYALAYA, POST CHENNITHALA, ALLEPPEY-
          690 105.

          NIRMAL, S, SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 41949 OF 2022
                                        2

                             JUDGMENT

The petitioner has approached this Court seeking directions

to the respondents to allow the correction of date of birth of the

petitioner in Ext.P1, forthwith.

2. Learned counsel for the petitioner submits that the date

of birth of the petitioner is 10.5.1990. But the date of birth is

erroneously shown as 10.4.1991 in the Secondary School

Examination. There was mistake in the date of birth in the school

records which have been carried over to CBSE records. Petitioner

submitted an application dated 22.11.2022 before the 3 rd

respondent/Principal requesting to correct the date of birth in the

certificate which is rejected.

2. Learned counsel for the petitioner submits that the

controversy with regard to the correction in the date of birth has

been set at rest by Honorable Supreme Court in Jigya Yadav Vs.

Central Board of Secondary Education (2021 (3) KLT 711(SC)),

though the question of limitation has been kept open, thus prays

for issuance of appropriate directions to respondents to entertain

the application and pass order in accordance with law.

4. I have heard learned counsel for parties and appraised WP(C) NO. 41949 OF 2022

the paperbooks and of the view that there is force and merit in the

submission of the counsel representing the petitioner.

There will be a direction to the 1st and 2nd respondents to

entertain the application for correction of the date of birth and pass

an order in terms of the judgment of this Court in W.P(C)

No.29182 of 2021. Petitioner is directed to file fresh application

within a period of one week from the date of receipt of a certified

copy of the judgment and on receipt of the fresh application, the

school will forward the same to the CBSE, concerned within a

period of one week and they will take action on the application

within a period of 30 days thereafter.

Sd/-

sab                                          AMIT RAWAL
                                               JUDGE
 WP(C) NO. 41949 OF 2022


                 APPENDIX OF WP(C) 41949/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE 10TH CLASS CERTIFICATE OF

THE SAID EXAMINATION DATED 27.05.2006 ISSUED BY THE RESPONDENT NO.1 TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER DATED 25.01.2022.

Exhibit P3 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER.

Exhibit P4 TRUE COPY OF THE COMMUNICATION SENT BY THE RESPONDENT NO.3 TO THE PETITIONER DATED 06.12.2022.