Kerala High Court
Dhanya K.Sudhish vs Union Of India on 10 June, 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
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(C) NO. 2489 OF 2024
PETITIONERS:
1 DHANYA K.SUDHISH
AGED 40 YEARS
W/O DHINKER ANTONY PARAKKAL, AGED 40 YEARS, RESIDING AT
FLAT NO.G 7, GALAXY CASTELLO, DHANYA ROAD,
CHALIKKAVATTOM, VYTTILLA, KOCHI-682028., PIN - 682028
2 NIRANJANA.P.
AGED 17 YEARS
D/O DHANYA K SUDHISH, AGED 17 YEARS, RESIDING AT FLAT
NO.G 7, GALAXY CASTELLO, DHANYA ROAD, CHALIKKAVATTOM,
VYTTILLA, KOCHI-682028 (REPRESENTED BY MOTHER AND
NATURAL GUARDIAN-1ST PETITIONER), PIN - 682028
BY ADVS.
B.SAJEEV KUMAR
THOMAS JOHN AMBOOKEN
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY, MINISTRY OF HUMAN
RESOURCE DEVELOPMENT, SHASTRI BHAWAN, NEW DELHI, PIN -
110001
2 THE CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA 2,
COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, PIN - 110092
3 THE REGIONAL OFFICER
REGIONAL OFFICE-THIRUVANANTHAPURAM, THE CENTRAL BOARD
OF SECONDARY EDUCATION, BLOCK-B, IIND FLOOR, LIC
DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
4 VIDYODAYA SCHOOL AFFILIATED TO CBSE
VKC P.O, THEVAKKAL, KOCHI REPRESENTED BY ITS PRINCIPAL,
PIN - 682021
WP(C) NO. 2489 OF 2024 2
5 THE PRINCIPAL
VIDYODAYA SCHOOL, VKC P.O, THEVAKKAL, KOCHI, PIN -
682021
SRI.NIRMAL S
SRI. V. GIREESH KUMAR. CGC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2489 OF 2024 3
T.R. RAVI, J.
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W.P.(C)No.2489 of 2024
--------------------------------------------
Dated this the 10th day of June, 2024
JUDGMENT
The prayer in this writ petition is for a direction to
respondents 2 and 3 to issue a new Migration certificate and
Marks Statement Cum certificate to the 2 nd petitioner without
any endorsement showing the details of the correction
carried out. The details of the correction in this case is with
regard to the name of the biological father, which needs to be
removed. The correction that has been incorporated is by the
name of the adopted father in the place of the biological
father, but with an endorsement as to what is the correction
carried out. The very requirement of the correction was to
remove the name of the biological father, for which the
petitioners have their own reasons. I do not wish to state
about the reasons in this writ petition, keeping in mind the
right to privacy of the petitioners.
2. The respondents have placed on record a
statement. In paragraph 5 of the statement, the relevant
portions of the judgment in Jigya Yadav v. CBSE [2021(3)
KLT 711 SC] have been extracted. It is stated that as per the
judgment, the Court has permitted changes to be made and it
has been observed that the CBSE may retain the original
entries as it is, except in respect of the correction of name
effected in exercise of the right to be forgotten. The said
judgment does not say that the CBSE should retain the
original entries and it is only a question of exercising
discretion in a case to case basis, as to whether the original
entries should or should not be retained. There is nothing
wrong in the CBSE issuing certificate without retaining the
original entries. The Judgment in Jigya Yadav is not a bar for
following such a procedure.
In the above circumstances, this writ petition is allowed.
There will be a direction to the respondents 2 and 3 to issue a
fresh Migration certificate and Marks Statement Cum
certificate to the 2nd petitioner removing the original entry
and stating that the correction is allowed as per the orders of
the competent authority of India. Necessary action shall be
taken within one month from the date of receipt of a copy of
this judgment. The petitioners shall pay the required fee for
effecting the correction. The petitioners shall also place
before the Competent Authority a certified copy of the
judgment for necessary action.
Sd/-
T.R. RAVI
JUDGE
LEK
APPENDIX OF WP(C) 2489/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF ORDER DATED17/02/2022 ISSUED
BY THE CENTRAL ADOPTION RESOURCE
AUTHORITY
Exhibit P2 TRUE COPY OF BIRTH CERTIFICATE DATED
17/05/2022 ISSUED BY NORTH PARAVUR
MUNICIPALITY
Exhibit P3 TRUE COPY OF MARK LIST DATED 22/07/2022
ISSUED BY THE 2ND RESPONDENT TO THE 2ND
PETITIONER
Exhibit P4 TRUE COPY OF MIGRATION CERTIFICATE DATED
22/07/2022 ISSUED BY THE 2ND RESPONDENT
TO THE 2ND PETITIONER
Exhibit P5 TRUE COPY OF JUDGMENT DATED 13/09/2023
PASSED BY THIS HON'BLE COURT IN WP(C)
11692 OF 2023
Exhibit P6 TRUE COPY OF MARK LIST DATED 13.12.2023
ISSUED BY THE CONTROLLER OF EXAMINATIONS
IN THE OFFICE OF THE 3RD RESPONDENT TO
THE 2ND PETITIONER
Exhibit P7 TRUE COPY OF MIGRATION CERTIFICATE DATED
13.12.2023 ISSUED BY THE CONTROLLER OF
EXAMINATIONS IN THE OFFICE OF THE 3RD
RESPONDENT TO THE 2ND PETITIONER
Exhibit P8 : SCREEN SHOT OF THE EMAIL DATED
8/01/2024 SENT BY THE FIRST PETITIONER TO
RESPONDENTS 2 AND 3.
