Kerala High Court
Parvathy Bhaskar vs The Assistant Secretary, Central ... on 22 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
WP(C) NO. 6058 OF 2022
PETITIONER:
PARVATHY BHASKAR
AGED 29 YEARS
W/O. SANDEEP, MANGALATHU VEEDU, NEAR HEAD POST OFFICE,
PUNALUR, KOLLAM-691 305, FROM CEEBEE BHAVAN, MARUTHAMON,
KALLARA P.O., THIRUVANANTHAPURAM-695 608
BY ADV B.MOHANLAL
RESPONDENTS:
1 THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY
EDUCATION
CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW
NO.3, J-BLOCK, ANNA NAGAR (WEST) CHENNAI-40
2 THE JOINT SECRETARY AND REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION,2ND FLOOR, BLOCK-G, LIC
DIVISIONAL OFFICE CAMPUS, PATTOM P.O., THIRUVANANTHAPURAM-
695 004
3 THE CHAIRMAN,
CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2,
COMMUNITY CENTRE, PREETH VIHAR, DELHI-110 092
4 THE CONTROLLER OF EXAMINATIONS,
CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J-BLOCK,
ANNA NAGAR (WEST), CHENNAI-40
5 THE PRINCIPAL,
RAJA RAVIVARMA CENTRAL SCHOOL, KILIMANOOR P.O.,
THIRUVANANTHAPURAM-695 001
6 ADDL. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY
EDUCATION, OLD.NO.1630-A, 6TH AVENUE, 3, 6TH ST, NEAR
SREEDEVI HOSPITAL, BHARATHI NAGAR, ANNA NAGAR, CHENNAI - 600
040
IMPLEADED AS PER IA NO.1 OF 2022 DATED 22/03/2022
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 6058 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 rejected by
respondents 1 to 4 as per Ext.P4 communication dated
20.08.2014. Aggrieved thereby, the petitioner has approached
this Court.
2. Heard the learned counsel for the petitioner and
Sri.S.Nirmal the learned standing counsel for CBSE. I have
also perused the statement filed on behalf of the Board and
the additional affidavit filed by the petitioner.
3. According to the petitioner, her date of birth is
23.09.1992, but has been erroneously recorded in the school
records as 23.09.1993. The petitioner relies on Ext.P1 birth
certificate issued by the Registrar of Births and Deaths,
Attingal Municipality, to substantiate the claim.
4. The petitioner completed her 10 th standard in the year
2008. She seeks for correction of the school records only at
this distance of time. According to the petitioner, though in
WP(C) NO. 6058 OF 2022
the year 2009 an application was filed seeking the correction,
the same was not followed up. Thereafter the petitioner was
pursuing her higher studies. Now the petitioner is married and
has a family. The petitioner's husband is permanently settled
at Newzeland and has applied for permanent residence of the
family, for which the petitioner's date of birth needs to be
corrected.
5. 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,
WP(C) NO. 6058 OF 2022
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.
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.
WP(C) NO. 6058 OF 2022
(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'.)
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 in the additional affidavit dated
15.03.2022, cannot be overlooked. I am of the opinion that the
petitioner's request is liable to be considered afresh.
8. Accordingly it is ordered that, on the petitioner
submitting a fresh application for change of date of birth
through the fifth respondent school on complying with the
requirements as above, then the additional 6th respondent
shall consider the same in the light of the judgment of the
Apex Court referred to supra and dehors Ext.P4 communication
dated 20.08.2014.
WP(C) NO. 6058 OF 2022
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
rsr
WP(C) NO. 6058 OF 2022
APPENDIX OF WP(C) 6058/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF BIRTH CERTIFICATE ISSUED BY
THE REGISTRAR OF BIRTHS AND DEATHS, ATTINGAL
MUNICIPALITY DATED 05.02.2009 TO THE
PETITIONER
Exhibit P2 THE TRUE COPY OF THE MARKS STATEMENT OF
SECONDARY SCHOOL EXAMINATION 2008 DATED
27.05.2008 ISSUED BY THE 4TH RESPONDENT TO
THE PETITIONER TO THE PETITIONER
Exhibit P3 THE TRUE COPY OF THE CERTIFICATE OF SECONDARY
SCHOOL EXAMINATION 2008 DATED 27.05.2008
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P4 THE TRUE COPY OF THE ORDER NO.R0(M)
/CORRN/REJECTION/DOB/2014/4033 DATED
20.08.2014 ISSUED BY THE 4TH RESPONDENT
Exhibit P5 THE TRUE COPY OF THE ORDER
NO.CBSE/COORD/AS/C/2017 DATED 01.02.2018
ISSUED BY THE 4TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
06.10.2021 IN WPC NO.183202021 OF THIS
HON'BLE COURT
