Jithin Das Purushothaman vs Central Board Of Secondary ...
2022 Latest Caselaw 8737 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 21984 OF 2022
PETITIONER:

            JITHIN DAS PURUSHOTHAMAN,
            AGED 35 YEARS,
            S/O PURUSHOTHAMAN, PAROOKARAN HOUSE,
            KADUKKAPPILLY ROAD, KALADY P.O,
            ERNAKULAM, PIN 683574.
            PRESENTLY RESIDING AT 11100 E 96TH ST S APT 1328,
            TULSA, OK, UNITED STATES OF AMERICA - 74133
            REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
            SHEELA P.N, AGED 61, W/O PURUSHOTHAMAN,
            PAROOKARAN HOUSE, KADUKKAPPILLY ROAD, KALADY P.O,
            ERNAKULAM, PIN 683574.

            BY ADV OMAR SALIM


RESPONDENTS:

    1       CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),
            REPRESENTED BY THE SECRETARY,
            HEAD OFFICE, SHIKSHA KENDRA-2, COMMUNITY CENTRE,
            PREETVIHAR, NEW DELHI, PIN - 110092

    2       THE REGIONAL OFFICER,
            CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),
            NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST,
            CHENNAI, PIN - 600040

    3       THE PRINCIPAL,
            JAMIAHASSANIA PUBLIC SCHOOL,
            S.VAZHAKULAM, ALUVA, KOCHI, PIN - 683105
OTHER PRESENT:

            SRI NIRMAL S., SC, CBSE
            SRI V K SUNIL, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 21984 OF 2022     -2-



                          JUDGMENT

Petitioner had completed his Secondary School

education from Jamia Hassania Public School affiliated to

the Central Board of Secondary Education (hereinafter

referred to as 'CBSE', for short). Date of Birth, in the

records of the school covered under the Central Board of

Secondary Education, was recorded as 26.05.1988

whereas in Ext.P2 Birth Certificate issued by the

Registrar of Births, Perumbavoor Municipality as also in

Ext.P3 Aadhar card, it is recorded as 03.06.1987. Mark

list was issued by the Central Board of Secondary

Education on 24.05.2003 with incorrect date of birth i.e.,

26.05.1988 and an application was submitted by the

petitioner on 18.03.2022 Ext.P4 to the 3rd respondent for

rectifying the mistake. 3rd respondent has forwarded the

application to the 2nd respondent for rectifying the

mistake.

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.

3. Learned counsel appearing on behalf of the

first respondent submits that Regulation 69.3 of the

CBSE Examination Byelaws prescribes the limitation of

five years from the date of declaration of result for

entertaining the application for correction in the date of

birth, but do not deny the directions contained in the

order of this Court and various other orders passed from

time to time noticing the directions contained in Jigya

Yadav (supra) regarding submission of the undertaking

and an affidavit.

4. I have heard learned counsel for parties and

appraised the paper books and of the view that there is

force and merit in the submission of the counsel

representing the petitioner.

No doubt the Regulation 69.3 prescribes the period

of limitation of five years for submission and

entertainment of the application for correction of date of

birth and the question of limitation in the judgment of

Jigya Yadav (supra) was kept open with a further

direction to amend the Byelaws. It is conceded position

on record that the byelaw has not so far has been

amended and the same is pending under consideration.

This judgment has been followed in the judgment of this

Court dated 8.4.2022 in Writ Petition (C) No.29182 of

2021 titled as Ananthu Ashok v. The Regional Office,

Central Board of Secondary Education, the relevant

paragraphs of which read as under whereby the

candidate was required to submit an affidavit and

indemnity bond envisaging the conditions stipulated in

Jigya Yadav(supra):

"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 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'.)

1.7. 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 is acceptable. Hence, I am of the opinion that the petitioner's request is liable to be considered.

Accordingly it is ordered that, on the petitioner submitting a fresh application for change of date of birth through the fourth 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."

Thus the 2nd respondent is directed to entertain the

application for correction of the date of birth as

forwarded by the 3rd respondent and pass an order in

terms of the judgment of this Court in W.P(C) No.29182

of 2021. Let this exercise be undertaken within a period

of three months from the date of receipt of a certified

copy of the order. Writ petition is disposed off.

Sd/-

AMIT RAWAL JUDGE

vv

APPENDIX OF WP(C) 21984/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF MARKS STATEMENT OF SECONDARY SCHOOL EXAMINATION CERTIFICATE ISSUED BY THE CBSE DATED 24.05.2003

Exhibit P2 TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS, PERUMBAVOOR MUNICIPALITY DATED 22.11.2021

Exhibit P3 TRUE COPY OF AADHAAR CARD OF THE PETITIONER

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 18.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF APPLICATION FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT FOR CORRECTION OF DATE OF BIRTH IN SCHOOL CERTIFICATES