Kerala High Court
Dufrin Karvalio vs Union Of India on 20 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 10162 OF 2022
PETITIONER/S:
DUFRIN KARVALIO,AGED 33 YEARS
D/O.EDWIN KARVALIO, KARIYIL HOUSE
NARAKKAL P.O., ERNAKULAM,PIN-682505
BY ADVS.
SMT.NAMITHA JYOTHISH
SRI.MANU.G.RAJAN
RESPONDENT/S:
1 UNION OF INDIA, REPRESENTED BY SECRETARY TO
GOVERNMENT, MINISTRY OF HUMAN RESOURSE DEVELOPMENT
NEW DELHI - 110001
2 SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL ORFICE, 16TH MAIN ROAD, ANNA NAGER(WEST)
CHENNAI - 600 040
3 PRINCIPAL, TALENT PUBLIC SCHOOL
AFFILIATED TO CBSE (AFFILIATIEON NO.930390)
NARAKKAL, ERNAKULAM -682505
4 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL
SECRETARY, GENERAL EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001
5 DISTRICT EDUCATIONAL OFFICER, DISTRICT EDUCATIONAL
OFFICE
NEAR KANAYANNUR TALUK OFFICE, ERNAKULAM -682001
BY ADVS.
SRI.MANU S., ASG OF INDIA
SRI.NIRMAL S,SC,CBSE
SR.GP:SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10162 OF 2022 -2-
SATHISH NINAN, J.
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W.P.(C) No.10162 OF 2022
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Dated this the 20th day of May, 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), is pending consideration before
the 2nd respondent. The petitioner seeks for a
direction for expeditious consideration of the
same.
2. Heard the learned counsel for the
petitioner and Sri.Nirmal S., the learned standing
counsel for the Board.
3. According to the petitioner, her date of
birth is 02.03.1989, but has been erroneously
recorded in the school records as 02.03.1990. The
petitioner relies on Ext.P1 birth certificate
issued by the Registrar of Births and Deaths,
Kuzhuppilly Grama Panchayat and Ext.P2 Passport
to substantiate the same.
4. The petitioner completed her 10th standard
in the year 2005. She seeks for correction of the
school records only at this distance of time.
According to the petitioner, she is a Nursing
graduate and the mistake was noticed only recently
when preparations were being made for a foreign
assignment.
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, 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.
(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 could be accepted especially
considering her age. Hence, I am of the opinion
that the petitioner's request is liable to be
considered.
8. 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 Regional Officer
of the 2nd respondent, Central Board of Secondary
Education, Chennai shall consider the same in the
light of the judgment of the Apex Court referred
to supra. Let orders be passed within a period of
two months.
Writ petition is disposed of as above.
Sd/-
SATHISH NINAN
JUDGE
sd
APPENDIX OF WP(C) 10162/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE OF
THE PETITIONER ISSUED BY THE
KUZHIPPILLY PANCHAYAT.
EXHIBIT P2 TRUE COPY OF THE PASSPORT OF THE
PETITIONER
EXHIBIT P3 TRUE COPY OF CLASS X CERTIFICATE DATED
24.05.2005 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER DATED 06.12.2021
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 25.01.2022
PASSED BY THE 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 04.02.2022
PASSED BY THE 5TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE REQUEST LETTER DATED
NIL SUBMITTED BY THE 3RD RESPONDENT
BEFORE THE 2ND RESPONDENT
