Jacob Yan A.J vs Central Board Of Secondary ...
2023 Latest Caselaw 6161 Ker

WP(C) NO. 681 OF 2023             1




                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                         WP(C) NO. 681 OF 2023
PETITIONER/S:

      1        JACOB YAN A.J
               AGED 18 YEARS
               S/O. JOHN ROSHAN A.J, ATHIPOZHI HOUSE, SAUDI,
               MUNDAMVELI P.O. KOCHI, PIN - 682507

      2        SHEON SHYLAN
               AGED 18 YEARS
               S/O. SHYLAN FRANCIS, ARAKKAL HOUSE, 25/470 B, ST.
               JOSEPH COVENT ROAD, CHULLICKAL, KOCHI, PIN - 682002

              BY ADV G.KRISHNAKUMAR



RESPONDENT/S:

      1        CENTRAL BOARD OF SECONDARY EDUCATION
               SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR,
               DELHI, REPRESENTED BY ITS SECRETARY, PIN - 110092

      2        CONTROLLER OF EXAMINATION
               CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA
               KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI, PIN
               - 110092

      3        THE REGIONAL OFFICER
               CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL
               OFFICE, THIRUVANANATHAPURAM BSNAL, RTTC CAMPUS
               KAINMANAM, THIRUVANANTHAPURAM, PIN - 695040
 WP(C) NO. 681 OF 2023                 2




      4        PRINCIPAL
               AROOJA LITTLE STAR SCHOOL, MOOLAMKUZHI, COHIN, PIN
               - 682002

               BY ADV Nirmal S




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.06.2023,        THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 681 OF 2023                        3




                         P.V.KUNHIKRISHNAN, J
                        ----------------------------------
                        W.P.(C.) No. 681 of 2023
                        ----------------------------------
                   Dated this the 12th day of June, 2023


                                   JUDGMENT

The above writ petition is filed with following prayers :

(i) "Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3 rd respondent to correct the father's name of the 1 st petitioner as 'John Roshan A.J' instead of wrongly mentioned as Jhon Roshan A.J' in Exhibit P2 certificate and to issue Mark sheet cum Secondary School Certificate accordingly within a time frame to be fixed by this Hon'ble Court.

(ii) Issue a direction to the 3rd respondent Regional Officer commanding to correct the date of birth of the petitioner's in Ext P2 & P4 certificates and issue mark sheet cum certificates of Secondary School Examinations to the petitioners correctly stating their date of birth as 2.9.2004 and 1.9.2004 respectively.

(iii) This Hon'ble Court may be pleased to dispense with the filing of English Translation of the vernacular

documents filed in this Writ Petition on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.

(iv) Issue such appropriate Writ, order or direction as deem just and fit to this Honourable Court.

And

(vii) Allow this W.P(C) with cost." [SIC]

2. The petitioners are students. They passed

Secondary School Examinations from the Arooja Little Star

School, Moolamkuzhi, Cochin in CBSE Syllabus in 2020.

The petitioners are aggrieved by the alleged inaction from

the part of the 3rd respondent to correct the father's name

and Date of Birth wrongly stated in their marklist cum

secondary school certificate 2020. The petitioners

preferred representation to the 3rd respondent requesting

to correct the mistake in Exts.P2 and P4 certificates is the

submission. But there is no response. Hence, this writ

petition.

3. Heard the learned counsel for the petitioners and

the learned Standing Counsel appearing for respondent

Nos. 1 to 3.

4. When this writ petition came up for

consideration, the learned Standing Counsel appearing for

the respondents takes me through para 11 of the

statement filed by them. It will be better to extract para

11 of the statement :

"11. It is submitted that as far as the petitioners are concerned the desired correction in DOB in accordance with the initial Birth Certificate and application form is not in uniformity with the latest Birth Certificate available in Corporation records as on date. To get the DOB corrected in CBSE records as per norms, the presently applicable Birth Certificate issued by the Cochin Corporation needs to be further amended as per correct DOB of the candidates, by removing the cited ambiguity."

5. The counsel for the petitioners submitted that

Exts.P14 and P15 would show the correct Date of Birth

and the same is issued by the Corporation. The father's

name of the 1st petitioner is also correctly mentioned in

Ext.P14. In the light of the above submission, I think there

can be a direction to the 3 rd respondent to consider the

matter in the light of Exts.P14 and P15. It is also

submitted by the petitioners that in Exts.P12 and P13, the

Corporation stated that the mistake is actually on the part

of the Corporation, while updating the software. It is also

submitted that the same is corrected and now issued

Exts.P14 and P15. In the light of the same, there can be a

direction to the 3rd respondent to consider the matter in

the light of Exts.P12 to P15.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioners will produce Exts.P12 to P15 before

the 3rd respondent within two weeks from the date of

receipt of a certified copy of this judgment.

2) Once the documents required are received, the 3 rd

respondent will consider the same and take necessary

steps to correct the certificates in accordance with

law, in the light of Exts.P12 to P13 and also in the

light of the dictum laid down in Jigya Yadav v.

Central Board of Secondary Education [2021 (3)

KLT 711] as expeditiously as possible, at any rate,

within one month from the date of receipt of the

documents from the petitioners.

3) The petitioners will produce a certified copy of this

judgment along with a copy of this order before the

3rd respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 681/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE 1ST PETITIONER

Exhibit P2 TRUE COPY OF THE MARK STATEMENT CUM CERTIFICATE OF SECONDARY SCHOOL EXAMINATION 2020 OF THE FIRST PETITIONER, ISSUED BY THE 2ND RESPONDENT CONTROLLER OF EXAMINATIONS

Exhibit P3 TRUE COPY OF THE BIRTH CERTIFICATE OF THE 2ND PETITIONER SHEON SHYLAN

Exhibit P4 TRUE COPY OF THE MARK SHEET CUM CERTIFICATE OF SECONDARY SCHOOL EXAMINATION 2020 OF THE 2ND PETITIONER ISSUED BY THE 2ND RESPONDENT

Exhibit P5 TRUE COPY OF THE STATEMENT SHOWING THE PARTICULARS OF THE STUDENTS OF AROOJA LITTLE STAR SCHOOL INCLUDING THE PETITIONERS SUBMITTED BY THE 4TH RESPONDENT PRINCIPAL

Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF THE STUDENT'S BIO DATA SUBMITTED BY THE 4TH RESPONDENT PRINCIPAL

Exhibit P7 TRUE COPY OF THE REPRESENTATIONS DATED 05.03.2021 TO THE 3RD RESPONDENT REGIONAL OFFICER

Exhibit P8 TRUE COPY OF THE REPRESENTATIONS DATED 05.08.2021 TO THE 3RD RESPONDENT REGIONAL OFFICER

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 TO THE 3RD RESPONDENT REGIONAL OFFICE PREFERRED BY THE 1ST PETITIONER'S MOTHER MARY MOULY

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 05.08.2021 PREFERRED BY THE FATHER OF THE 2ND PETITIONER

Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 PREFERRED BY THE 2ND PETITIONER'S UNCLE TO THE 3RD RESPONDENT REGIONAL OFFICER

Exhibit P15 True copy of the birth certificate dated 18.03.2023 of the 2nd petitioner is issued by the Cochin Corporation

Exhibit P12 True copy of communication No. WZH4/606/2023 dated 18.04.2023 issued by the Registrar of Birth and Death to the 1st petitioner

Exhibit P13 True copy of the Communication No. WZH4/548/2023 dated 05.04.2023 issued by the Registrar of Birth and Death

Exhibit P14 True copy of the birth certificate of the 1st petitioner dated 12.04.2023 by Cochin Corporation