Kerala High Court
Nimisha N vs The Principal on 1 June, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 13310 OF 2022
PETITIONER:
NIMSHA N
AGED 33 YEARS
D/O. NAZARUDEEN.A.
KUNNUMUKKU HOUSE, PULLICHIRA P.O., KOLLAM,
NOW RESIDING AT DINNI LANDS, VENDARMUKKU,
VADAKKEVILA P.O., KOLLAM DISTRICT, PIN-691 010
BY ADVS.
BINU GEORGE
HEMALATHA
RESPONDENTS:
1 THE PRINCIPAL
MAHATMA CENTRAL SCHOOL, MAHATMA NAGAR,
ERAVIPURAM P.O., KOLLAM DISTRICT, PIN-691 011
2 CENTRAL BOARD OF SECONDARY EDUCATION,
( THIRUVANANTHAPURAM REGIONAL OFFICE), 2ND FLOOR,
BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM-695 004
3 CENTRAL BOARD OF SECONDARY EDUCATION,
(CHENNAI REGIONAL OFFICER) PLOT NO.1630-A,
ANNA NAGAR WEST, CHENNAI, TAMILNADU-600 040
BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.13310/2022 2
AMIT RAWAL, J.
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W.P.(C) No. 13310 of 2022
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Dated this the 1st day of June, 2022
JUDGMENT
The grievance addressed by the petitioner is for correction of the date of birth in the certificate of 10 th class examination by recording it as 5.10.1988 instead of 5.10.1989. The petitioner was born on 5.10.1988. An intimation was sent to the Registrar of births and deaths on 12.10.1988 and a certificate was issued reflecting the date of birth as 5.10.1988. However, when admission was sought in the school of respondent No.1 affiliated with Central Board of Secondary Education, the date of birth shown in the admission register was 5.10.1989. The petitioner was issued a Transfer Certificate by the school making her eligible for higher studies. Since the petitioner has got a chance to go for higher studies in U.K., the date of birth is required to be corrected and accordingly, an application dated 31.3.2022 was submitted, which is still pending.
WP(C) No.13310/2022 3
2. It is contended that the judgment of the Hon'ble Supreme Court in Jigya Yadav (Minor) through Guardian/Father Hari Singh v. CBSE and others [(2021) 7 SCC 535] has espoused the cause of similar stated persons by issuing directions to the CBSE for correcting the date of birth and also for amendment of the bylaws.
3. Learned Standing Counsel opposed the aforementioned prayer by relying upon clause 69.3 of the Central Board of Secondary Education bylaws objecting the entertainment of the application if submitted beyond a period five years. It is contended that the petitioner passed out in the year 2005 whereas the request was made on 31.3.2022 after the expiry of five years. Therefore, the application cannot be considered even if it is pending.
4. I have heard the counsel for the parties and appraised the paper book.
5. The Hon'ble Supreme Court in the judgment cited supra has extended benefit to the students seeking correction of the date of birth. But in paragraph 125 left the question of WP(C) No.13310/2022 4 limitation open. Learned counsel for the respondent being very fair and honest to this Court, by citing a judgment to the effect that while entertaining such request, candidate is required to submit an affidavit and indemnity bond envisaging the conditions stipulated in the judgment of this Court dated 8.4.2022 in Writ Petition (C) No.29182 of 2021 titled as Ananthu Ashok v. The Regional Office, Central Board of Secondary Education, the relevant paragraphs of which read as under:
"6. In the case at hand, the issue involved relates to "change" of particulars in the certificate issued by the CBSE to make it consistent with public documents and hence would fall within the first classification, of the second category. With regard to the said cases, the Apex Court observed that the legal presumption in relation to public documents as envisaged in the Indian Evidence Act, 1872 cannot be ignored by the Board. It was accordingly held that, request for effecting such changes in the certificates issued by the Board, to make it in conformity with the public documents, could be entertained. It was further observed by the Apex Court that the Board is entitled to impose reasonable conditions while considering such request. The conditions observed by the Apex Court are:-
(a) An affidavit containing a declaration and an undertaking to indemnify the Board.
(b) Payment of fee for administrative expenses.
(c) The Board may in a given case, depending on the facts, require effecting of WP(C) No.13310/2022 5 public notice and publication in the official gazette.
(d) Require surrender of the original certificate.
(e) A fresh certificate issued may contain disclaimer and caption/annotation against the original entry. (Except in respect of change of name effected in exercise of 'right to be forgotten'.)
7. While it is true that there has been delay on the part of the petitioner in seeking for the "change", the explanation offered by the petitioner is acceptable. Hence, I am of the opinion that the petitioner's request is liable to be considered.
8. Accordingly it is ordered that, on the petitioner submitting a fresh application for change of date of birth through the fourth respondent school on complying with the requirements as above, then the first respondent shall consider the same in the light of the judgment of the Apex Court referred to supra."
In this view of the matter, I am of the view that in the absence of the amendment of the bylaws and particularly the judgment relied upon, the respondents are directed to entertain the application of the petitioner seeking correction of the date of birth in class X certificate as 5.10.1988 instead of 5.10.1989, provided the petitioner submits an affidavit and indemnity bond as per the aforesaid undertaking. If the petitioner submits the undertaking in support of the application Ext.P4 to the third respondent, the respondents WP(C) No.13310/2022 6 shall decide the matter within a period of three weeks from the date of receipt of a copy of the judgment.
Writ petition is disposed off.
Sd/-
AMIT RAWAL, Judge csl.
WP(C) No.13310/2022 7
APPENDIX OF WP(C) 13310/2022 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF BIRTH ISSUED FROM THE REGISTRAR OF BIRTHS AND DEATHS, ADICHANALLOOR GRAMA PANCHAYAT DATED 27.09.2011 Exhibit P2 A TRUE COPY OF RELEVANT PAGE OF THE ADMISSION REGISTER ISSUED BY THE 1ST RESPONDENT Exhibit P3 A TRUE COPY OF THE MARK LIST OF THE PETITIONER FOR CLASS 10 EXAMINATION Exhibit P3A A TRUE COPY OF PASS CERTIFICATE OF THE PETITIONER FOR CLASS 10 EXAMINATION Exhibit P4 A TRUE COPY OF THE APPLICATION ALONG WITH FORWARDING LETTER FOR CORRECTION IN DATE OF BIRTH OF THE PETITIONER SUBMITTED BY THE 1ST RESPONDENT DATED 31.03.2022