K Emmanuel Thomas vs The Central Board Of Secondary ...
2024 Latest Caselaw 10484 Ker

Kerala High Court

K Emmanuel Thomas vs The Central Board Of Secondary ... on 11 April, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                    WP(C) NO. 10650 OF 2024
PETITIONER:

         K EMMANUEL THOMAS
         AGED 33 YEARS
         S/O.K.T EMMANUEL,KAITHAVALAPPIL HOUSE,
         ST.LOUIS'S CHAPEL ROAD,MUNDAMVELI,KOCHI,
         ERNAKULAM, PIN - 682507

         BY ADVS.
         SHEEBA MARIAM. J.
         ANUPAMA K.ALIAS
         BINO V.MATHEW
         ARUNDHATHY K. ALIAS


RESPONDENTS:

    1    THE CENTRAL BOARD OF SECONDARY EDUCATION,
         REPRESENTED BY IT'S CHAIRMAN,SHIKSHA
         KENDRA,COMMUNITY CENTRE,PREET VIHAR,
         DELHI, PIN - 110096
    2    THE REGIONAL OFFICER
         CENTRAL BOARD OF SECONDARY EDUCATION,
         PLOT NO-1630A,J BLOCK,16TH MAIN ROAD,
         ANNA NAGAR WEST,CHENNAI, PIN - 600040
    3    THE PRINCIPAL
         K.V NO.II,KATARI BHAGH,
         NAVAL BASE,KOCHI, PIN - 682004

         BY ADV SRI.NIRMAL S., STANDING COUNSEL

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 11.04.2024,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10650 of 2024
                                     2




                               JUDGMENT

Dated this the 11th day of April, 2024

The petitioner has approached this Court seeking the

following reliefs:

(i) To Issue a writ of Mandamus or any other appropriate writ, order, or direction, directing the 3 rd respondent to forward the corrected extract of the School register showing the date of birth of the petitioner as 16/3/1991 to the 2nd Respondent.

(ii) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the respondent No.2 to correct the date of birth of petitioner in the Grade Sheet cum certificate of Performance and Certificate of SSE 2007 in accordance with the birth certificate as 16/03/1991.

(iii) Any other reliefs which may be prayed for from time to time, in the interest of justice.

2. The petitioner states that the date of birth of the

petitioner is 16.03.1991. However, the date of birth was

erroneously recorded as 16.03.1992 in the CBSC records.

For correcting the mistake in Ext.P2 Certificate issued by the

CBSE, the petitioner submitted Ext.P3 application to

respondents 2 and 3 with supporting documents.

3. The petitioner states that the 3 rd respondent has

forwarded the application to the 2nd respondent and the same

is pending. Delay in consideration of application for correction

of date of birth would cause irreparable injury to the petitioner.

Therefore, the petitioner prays that the 2 nd respondent may be

directed to effect correction of date of birth of the petitioner.

4. Standing Counsel entered appearance and resisted

the writ petition. The Standing Counsel submitted that the

date of birth was recorded in the CBSC records relying on the

date of birth recorded in the school records.

5. I have heard the learned counsel for the petitioner

and the learned Standing Counsel representing the

1st respondent.

6. It is not in dispute that at present, the correction of

date of birth in CBSC records is governed by a Scheme

framed by the Hon'ble Apex Court in the judgment in Jigya

Yadav v. CBSC [2021 (3) KLT 711 (SC)]. In view of the

detailed Scheme laid down by the Hon'ble Apex Court, it

would be only appropriate that the petitioner's application be

considered in the light of the judgment of the Apex Court.

In the facts of the case, the writ petition is disposed of

directing the 3rd respondent to forward necessary school

records and other documents to the 2 nd respondent. On

receipt of such documents and records from the

3rd respondent, the 2nd respondent shall effect the date of birth

correction subject to the petitioner satisfying all other

parameters, within a period of one month from the date of

receipt of documents.

Sd/-

N.NAGARESH JUDGE spk

APPENDIX OF WP(C) 10650/2024

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF ALAPPUZHA MUNICIPALITY Exhibit P2 THE TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF THE PETITIONER WITH S.NO. SSE/2007- 408617 AND ROLL NO.4124322 DATED 28/05/2007 ISSUED BY THE (CBSE) 1ST RESPONDENT Exhibit P3 -THE TRUE COPY OF APPLICATION DATED 11/10/2023 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT REQUESTING TO THE CORRECTION OF DATE OF BIRTH IN THE SECONDARY SCHOOL EXAMINATION (SESSION 2006-2007) MARKS STATEMENT CERTIFICATE OF K EMMANUEL THOMSON,ROLL NO.4124322