Kerala High Court
Anu D Raj vs The Chairman on 4 April, 2024
Author: T.R. Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 20258 OF 2023
PETITIONER:
ANU D RAJ
AGED 25 YEARS, D/O. T. DEVARAJAN,
OTTAKANDATHIL, MUHAMMA. P.O,
ALAPPUZHA DISTRICT, KERALA., PIN - 688525
BY ADVS.
V.K.SATHYANATHAN
VINOD K.C.
RESPONDENTS:
1 THE CHAIRMAN
CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA-2, COMMUNITY CENTRE,
PREET VINHAR, NEW DELHI, PIN - 110092
2 THE SECRETARY
CENTRAL BOARD OF SECONDARY EDUCATION,
SHIKSHA KENDRA-2, COMMUNITY CENTRE,
PREET VINHAR, NEW DELHI, PIN - 110092
3 THE SECRETARY
CENTRAL BOARD OF SECONDARY EDUCATION,
(REGIONAL OFFICE CHENNAI),
NEW NO.3 (OLD NO.1630-A),
'J' BLOCK, 16TH MAIN ROAD,
ANNA NAGAR (WEST), CHENNAI,
PIN - 600040
4 THE SECRETARY
CENTRAL BOARD OF SECONDARY EDUCATION,
(REGIONAL OFFICE DELHI),
PS 1-2 PATPARGANJIP EXTENSION,
INSTITUTIONAL AREA, NEW DELHI.,
PIN - 110092
WP(C) NO. 20258 OF 2023
2
5 THE PRINCIPAL
AIR FORCE GOLDEN JUBILEE INSTITUTE,
SUBROTO PARK, NEW DELHI, PIN - 110010
*ADDL. RESPONDENTS 6 & 7 IMPLEADED
ADDL.R6 THE REGIONAL OFFICER
CENTRAL BOARD OF SECONDARY EDUCATION,
(REGIONAL OFFICE DELHI)
NEW NO.3, (OLD NO. 1630 -A),
'J' BLOCK, 16 TH MAIN ROAD,
ANNA NAGAR (WEST), CHENNAI,
PIN 600 040
ADDL. R7 THE PRINCIPAL
KENDRIYA VIDYALAYA ,
AIR FORCE STATION, SULUR, COIMBATORE, TAMIL NADU, PIN
641401.
*RESPONDENTS 6 & 7 ARE IMPLEADED AS PER ORDER DATED
04.04.2024 IN I.A.NO.1 OF 2024
BY ADVS.
NIRMAL S, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20258 OF 2023
3
T.R. RAVI, J.
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W.P.(C). No.20258 of 2023
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Dated this the 4th day of April, 2024
JUDGMENT
The prayer in the writ petition is for effecting a change in the
petitioner's mother's name in the Secondary School Examination mark
sheet issued by the Central Board of Secondary Education (CBSE).
The counsel for the respondents submits that if the petitioner submits
a fresh application to the additional 6 th respondent, the request can be
considered.
2. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the CBSE.
3. The question relating to correction of the records of the
CBSE was considered by the Hon'ble Supreme Court in Jigya Yadav
v. Central Board of Secondary Education reported in 2021 (3)
KLT 711(SC). The Hon'ble Supreme Court has held that the CBSE
cannot Act as a Court. The Hon'ble Supreme Court set out a scheme
in the judgment and held that all existing and future cases are to be
considered on the basis of the scheme, till the CBSE amended the
Byelaws and notified the same in tune with the directions on the
WP(C) NO. 20258 OF 2023
judgment. The Hon'ble Supreme Court held that once the Court
decides on the issue, the CBSE need not make any further enquiry and
no further verification is also required. In paragraph 152 of the
judgment, the Hon'ble Supreme Court held that public documents like
Birth Certificate, Official Gazette, Aadhaar Card, Election Card, etc.,
enjoy legal presumption of its correctness in terms of explicit
provisions contained in Chapter V of the 1872 Act and that even other
legislations concerning public documents attach equal importance to
the authenticity of such documents including while making changes in
their certificates to which the Court had referred to in the judgment.
On the above reasoning the Hon'ble Supreme Court held that there is
no reason for the CBSE not to take notice of the public documents
relied upon by the candidate and to make necessary changes in the
certificate issued by it, for being consistent with the public documents
relied upon, even if such documents are not entirely consistent with
the school records of the incumbent. In the case on hand, the name
of the petitioner's mother has been correctly entered in Ext.P5 Senior
Secondary Examination Mark Sheet issued by the respondent. The
petitioner only requests for correction in the Secondary School
Examination Certificate in tune with Ext.P5.
WP(C) NO. 20258 OF 2023
In the above circumstances, this writ petition is disposed of
directing the petitioner to submit a fresh application seeking the
correction, to the additional 6th respondent, within two weeks from
today, and on receipt of such request, the additional 6 th respondent
shall consider the same and pass orders within six weeks thereafter.
Sd/---
T.R. RAVI
JUDGE
Pn
WP(C) NO. 20258 OF 2023
APPENDIX OF WP(C) 20258/2023
PETITIONER'S EXHIBITS
Exhibit-P1 A COPY OF THE MARK SHEET DATED 19-5-2014 OF
THE PETITIONER
Exhibit-P2 A COPY OF THE LETTER DATED 13-3-2015 WITH
ACKNOWLEDGMENT SEAL.
Exhibit-P3 A TRUE COPY OF THE REPRESENTATION DATED
18-1-2016 SUBMITTED BY THE PETITIONER'S
FATHER TO THE CBSE REGIONAL OFFICE, DELHI,
Exhibit-P4 A TRUE COPY OF THE LETTER NO.
CBSE/RO(M)/CORRN/REJN/6793/2015 DATED
5-5-2016 FROM THE CBSE REGIONAL OFFICE
CHENNAI TO THE PETITIONER'S FATHER.
Exhibit-P5 A TRUE COPY OF THE SENIOR SECONDARY
EXAMINATION MARK SHEET OF THE PETITIONER.
Exhibit-P6 A TRUE COPY OF THE REPRESENTATION DATED
5.5.2022 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
Exhibit-P7 A TRUE COPY OF THE JUDGMENT DATED 4.10.2019
IN W.P.(C)NO.25663/2019 BY THIS HONOURABLE
COURT.
Exhibit-P8 A TRUE COPY OF THE JUDGMENT DATED 6.8.2020
IN W.A.NO.987/2020 BY THIS HONOURABLE
COURT.
