Tessy Mathew vs Central Board Of Secondary ...
2022 Latest Caselaw 7935 Ker

  WP(C).17362/22                      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE V.G.ARUN
  WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
                     WP(C) NO. 17362 OF 2022
PETITIONER/S:

            TESSY MATHEW
            AGED 25 YEARS
            W/O TOMY T. MATHEW, RESIDING AT KUZHIMANNIL
            THEKKEL, CHUMATRA P. O., THIRUVALLA,
            PATHANAMTHITTA DISTRICT, PIN - 689103.

            BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)



RESPONDENT/S:

    1       CENTRAL BOARD OF SECONDARY EDUCATION
            (C.B.S.E). REGIONAL OFFICE, NO. 3, J BLOCK, 16TH
            MAIN ROAD, ANNA NAGAR WEST, CHENNAI,
            TAMILNADU, PIN- 600040, REPRESENTED BY CHAIRMAN.

    2       CENTRAL BOARD OF SECONDARY EDUCATION
            (CBSE) REGIONAL OFFICE, BLOCK - B, 2ND FLOOR, LIC
            DIVISIONAL OFFICE CAMPUS PATTOM,
            THIRUVANANTHAPURAM - 695004, REPRESENTED BY
            CHAIRMAN.

    3       BELIEVERS CHURCH RESIDENTIAL SCHOOL
            ST. THOMAS NAGAR, KUTTAPUZHA P. O., THIRUVALLA,
            PIN- 689103, REPRESENTED BY PRINCIPAL.

            BY ADVS.
            SRI.NIRMAL S., SC, CBSE
            P.HARIDAS
            BIJU HARIHARAN
            SHIJIMOL M.MATHEW
            P.C.SHIJIN
            RISHIKESH HARIDAS


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR
ADMISSION ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
   WP(C).17362/22                       2




                            V.G.ARUN, J.
             -----------------------------------------------
                   W.P(C).No. 17362 of 2022
             -----------------------------------------------
            Dated this the 29th day of June, 2022

                             JUDGMENT

The petitioner passed her Secondary School Examination

and Senior Secondary School Examination from the 3 rd

respondent School. In Exhibits P1 and P2 certificates the

petitioner's name is entered as Rosamma T Mathew. Later the

petitioner got her name changed as Tessy Mathew, as evidenced

by Exhibit P3 Gazette notification. The new name is incorporated

in petitioner's Aadhaar Card, Passport, PAN Card and Driving

Licence. The petitioner is seeking a direction to 1 st and 2nd

respondents to correct Exhibits P1 and P2 by entering her name

as Tessy Mathew instead of Rosamma T Mathew.

2. Heard learned Counsel for the petitioner and the learned

Standing Counsel for the CBSE.

3. Learned Counsel for the petitioner relied on Exhibit P3

public notice, to contend that the petitioner's name is bound to

be corrected in Exhibits P1 and P2 certificates.

4. Learned Standing Counsel for the CBSE pointed out that

the petitioner's request is highly belated and no acceptable

explanation for the delay is offered by the petitioner.

5. In reply, learned Counsel for the petitioner relied on the

decision in Subin Mohammed v. Union of India and Others

[2016 (1) KLT 340] to contend that even in cases where the

request is belated, the correction ought to be allowed on the

strength of public documents.

6. Having heard the learned Counsel on either side and

having perused the documents, I am convinced that the

petitioner's request for correction is liable to be allowed.

Accordingly, the writ petition is disposed of, directing the 3 rd

respondent to forward necessary documents, including the

originals of Exhibits P1 and P2 to respondents 1 and 2, within two

weeks of receipt of a copy of this judgment. Once the necessary

documents are received, respondents 1 and 2 shall correct the

petitioner's name in the originals of Exhibits P1 and P2 within six

weeks.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF WP(C) 17362/2022

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF CERTIFICATE /MARK SHEET ISSUED BY THE FIRST RESPONDENT C.B.S.E DATED 21.05.2012.

Exhibit P2 THE COPY OF MARKS STATEMENT SENIOR SCHOOL EXAMINATION OF THE PETITIONER, ISSUED BY THE SECOND RESPONDENT DATED 26.05.2014.

Exhibit P3 THE COPY OF GAZETTE NOTIFICATION OF GOVERNMENT OF KERALA DATED 02.11.2021.

Exhibit P4 THE COPY OF RELEVANT PAGES OF THE PASSPORT NO. V 6839304 DATED 21.03.2022 ISSUED FROM THE PASSPORT OFFICE COCHIN.

Exhibit P5 THE COPY OF DRIVING LICENSE ISSUED FROM THE REGIONAL TRANSPORT AUTHORITY, THIRUVALLA DATED 10.10.2019.

Exhibit P6 THE RELEVANT PAGE OF PAN CARD NO.

GDVPM5203B ISSUED BY THE INCOME TAX DEPARTMENT OF UNION OF INDIA.

Exhibit P7 THE COPY OF AADHAR CARD NO. 9685 6699 9031 OF THE PETITIONER.

Exhibit P8 THE COPY OF LETTER SENT BY THE PETITIONER TO THE THIRD RESPONDENT DATED 13.05.2022, ALONG WITH POSTAL RECEIPT.