Kerala High Court
Vishnu V. Chandran vs Central Board Of Secondary ... on 27 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
WP(C) NO. 183 OF 2022
PETITIONER:
VISHNU V. CHANDRAN
AGED 31 YEARS
S/O. VIPINA CHANDRAN K.P, APSARA, AYYAPANKAVU NAGAR ,
KILIMANOOR, KILIMANOOR P.O, THIRUVANANTHAPURAM DISTRICT 6965
601
BY ADVS.
RAVI KRISHNAN
S.RAMACHANDRAN NAIR
K.VINAYA
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS ASSISTANT SECRETARY, REGIONAL OFFICE NO. 3,
, 1-BLOCK, ANNA NAGAR (WEST) CHENNAI 40
2 THE CONTROLLER OF EXAMINATION
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE NO. 3,
J-BLOCK, ANNA NAGAR (WEST) CHENNAI 40
3 THE PRINCIPAL
RAJA RAVI VARMA CENTRAL SCHOOL, MALAYAMADAM, KILIMANNOR,
THIRUVANANTHAPURAM 695 601
4 THE REGIONAL OFFICER
REGIONAL OFFICE, CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK
B, IIND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM , KERALA 695 004
5 ADDL. REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION,
REGIONAL OFFICE NO.3, 1-BLOCK, ANNA NAGAR (WEST) CHENNAI -40
IMPLEADED AS PER ORDER DATED 27/01/2022
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 183 OF 2022
J U D G M E N T
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) was refused by respondents 1 and 2
as per Exhibit-P4 communication dated 23.04.2021. Aggrieved
thereby, the petitioner has approached this Court.
2. According to the petitioner, his date of birth is
09.09.1990, but has been erroneously recorded in the school
records as 08.09.1990. The petitioner relies on Ext.P1 birth
certificate issued by the Registrar of Births and Deaths,
Municipal Corporation, Thiruvananthapuram.
3. The petitioner completed his 10 th standard in the year
2006 and 12th standard in the year 2008. He 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.
WP(C) NO. 183 OF 2022
4. 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 name by choice at a later
point of time.
5. 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
WP(C) NO. 183 OF 2022
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 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
WP(C) NO. 183 OF 2022
respect of change of name effected in exercise of 'right to be
forgotten'.)
6. 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 cannot be brushed aside. Hence, I am
of the opinion that the petitioner's request is liable to be
considered afresh.
7. Accordingly it is ordered that, on the petitioner
submitting a fresh application for change of date of birth
through the third respondent school on complying with the
requirements as above, then the additional fifth respondent
shall consider the same in the light of the judgment of the Apex
Court referred to supra and dehors Ext.P4 communication dated
23.04.2021.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
rsr
WP(C) NO. 183 OF 2022
APPENDIX OF WP(C) 183/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE BIRTH CERTIFICATE DATED
23-1-2009 ISSUED BY THE REGISTRAR OF BIRTHS
AND DEATHS, MUNICIPAL CORPORATION,
THIRUVANANTHAPURAM
Exhibit P2 A TRUE COPY OF THE MARKS STATEMENT DATED
27-05-2006 ISSUED BY CENTRAL BOARD SECONDARY
EDUCATION
Exhibit P2(a) A TRUE COPY OF THE CERTIFICATE ISSUED BY
CENTRAL BOARD OF SECONDARY EDUCATION DATED
27-05-2006
Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY
CENTRAL BOARD OF SECONDARY EDUCATION DATED
21-05-2008
Exhibit P4 A TRUE COPY OF THE COMMUNICATION ISSUED BY
CENTRAL BOARD OF SECONDARY EDUCATION DATED
23-04-2021
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.A NO. 910
OF 2020 DATED 15-07-2020 (REPORTED IN 2021 KHC
2274)
