Elham Subair vs Central Board Of Secondary ...
2022 Latest Caselaw 10631 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                   WP(C) NO. 32812 OF 2022
PETITIONER:

          ELHAM SUBAIR
          AGED 24 YEARS
          THANDUPARAKKAL HOUSE, PARAMBA,
          POOKOTTUMPADAM P.O., MALAPPURAM, PIN - 679332
          BY ADVS.
          RAFEEK. V.K.
          SAIJO HASSAN
          BENOJ C AUGUSTIN
          U.M.HASSAN
          AATHIRA SUNNY
          SALMAN FARIS

RESPONDENTS:

    1     CENTRAL BOARD OF SECONDARY EDUCATION
          REPRESENTED BY ITS SECRETARY,
          SHIKSHA KENDRA 2, COMMUNITY CENTRE,
          PREET VIHAR, NEW DELHI, PIN - 110092
    2     THE REGIONAL OFFICER
          CBSE REGIONAL OFFICE,
          THIRUVANANTHAPURAM, KERALA, PIN - 695040
    3     THE PRINCIPAL
          FATIMAGIRI ENGLISH SCHOOL,
          NILAMBUR, MALAPPURAM, PIN - 679330
          0
          SRI.NIRMAL.S, SC FOR R1 & 2


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.32812/2022

                                   2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.32812 of 2022
             ----------------------------------------------
           Dated this the 21st day of October, 2022


                            JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ or order or direction to the 1st and 2nd respondents to correct the entries in the column for date of birth in the Exhibit P4 CBSE Grade Sheet cum Certificate of Performance, according to the Exhibit P1 Birth Certificate issued by the Consulate General of India Jeddah KSA.

ii. To issue such other reliefs as this Honourable Court may deem fit and proper in the circumstances of this case.

(SIC)

2. The birth certificate and passport issued by the

Consulate General of India, Jeddah shows that the petitioner's

date of birth is 09.11.1997. But the entry in column of date of

birth in Grade Sheet cum Certificate of Performance issued by

the CBSE to the petitioner is 27.12.1997. The petitioner

approached respondents 1 and 2 for correcting the date of WP(C).No.32812/2022

birth in the school records. The same is not considered.

Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Standing Counsel for respondents 1 and 2. No

notice is issued to the 3rd respondent. If the 3rd respondent is

aggrieved by this judgment, he is free to file a review petition.

4. The Standing Counsel for respondents 1 and 2

submitted that a counter affidavit is filed. The Standing

Counsel also submitted that the petitioner has to approach the

3rd respondent first with an application and the 3 rd respondent

has to forward the same to the 2 nd respondent. The counsel

for the petitioner submitted that the petitioner already

submitted an application before the 3rd respondent as evident

by Ext.P6.

In the light of the same, there can be a direction to the

3rd respondent to forward Ext.P6 application to the 2nd

respondent within a time frame and the 2nd respondent will

consider the application in the light of the decision of the Apex

Court in Jigya Yadav v. Central Board of Secondary

Education [2021 (3) KLT 711].

Therefore, this writ petition is disposed of in the WP(C).No.32812/2022

following manner:

1. The 3rd respondent is directed to

forward Ext.P6 application submitted by

the petitioner to the 2nd respondent, as

expeditiously as possible, at any rate,

within two weeks from the date of

receipt of a copy of this judgment.

2. If any document is missing, the 2 nd

respondent can direct the petitioner to

produce the same and the petitioner will

produce the same.

3. The 2nd respondent will intimate the

necessary fee to be paid by the

petitioner and the petitioner will pay the

same also immediately.

4. The 2nd respondent is directed to

consider and pass appropriate orders in

Ext.P6, in the light of the decision of the

Apex Court in Jigya Yadav v. Central

Board of Secondary Education [2021

(3) KLT 711],, as expeditiously as WP(C).No.32812/2022

possible, at any rate, within one month

from the date of receipt of Ext.P6 from

the 3rd respondent.

5. The petitioner will produce a copy of

this writ petition along with a certified

copy of this judgment, before

respondents 2 and 3 for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.32812/2022

APPENDIX OF WP(C) 32812/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE CONSULATE GENERAL OF INDIA, JEDDAH ON 05.01.1998 Exhibit P2 TRUE COPY OF THE OLD PASSPORT (NO:

A1982303) ISSUED ON 05.01.1998 Exhibit P3 TRUE COPY OF THE CURRENT VALID PASSPORT (NO: P3232697) ISSUED ON 19.09.2016 VALID TILL 18.09.2026 Exhibit P4 TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION ON 19.05.2014 Exhibit P5 TRUE COPY OF THE APPLICATION DATED 15.06.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST AND 2ND RESPONDENTS Exhibit P6 TRUE COPY OF THE APPLICATION DATED 18.10.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT