Karnataka High Court
Mr. Srinith vs Central Board Of Secondary Education ... on 6 January, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
WP No. 19279 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 19279 OF 2021 (GM-RES)
BETWEEN:
MR. SRINITH
S/O MR. SRIKRISHNA V.,
AGED ABOUT 18 YEARS
RESIDENT OF NO.A2, 103
CAUVERY BLOCK
NATIONAL GAMES VILLAGE
KORAMANGALA
BENGLAURU - 560 047.
...PETITIONER
(BY SRI. DR.S.ARUMUGHAM., ADVOCATE)
AND:
1. CENTRAL BOARD OF SECONDARY
EDUCATION (CBSE)
Digitally signed by SHIKHA KENDRA
PADMAVATHI B K 2, COMMUNITY CENTRE
Location: HIGH
COURT OF PREET VIHAR
KARNATAKA DELHI - 110 092
REPRESENTED BY ITS CHAIRMAN.
2. THE REGIONAL OFFICE
CENTRAL BOARD OF
SECONDARY EDUCATION (CBSE)
DEGREE COLLEGE BUILDING
NO.57, HESARAGHATTA MAIN ROAD
-2-
WP No. 19279 of 2021
NEAR SAPTHAGIRI HOSPITAL
CHIMNEY HILLS
CHIKKABANAVARA
BENGLAURU - 560 090.
3. THE PRINCIPAL
ARMY PUBLIC SCHOOL
K.KAMARAJ ROAD
BENGLAURU - 560 042.
...RESPONDENTS
(BY SRI M.R.SHAILENDRA, ADVOCATE FOR R1 AND R2;
SRI.RAMESH UPADHYAYA., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE COMPETENT AUTHORITIES AS R-1 AND R-2 TO
MAKE NECESSARY CORRECTION IN HIS SECONDARY SCHOOL
EXAMINATION 2020 CLASS 10 CERTIFICATE DTD 15.07.2020
VIDE ANNX-A IN PLACE OF SRINITH TO SRINITH SRIKRISHNA;
CONSEQUENTIALLY DIRECT THE R-3 TO CORRECT IN ALL
OTHER EARLIER SCHOOL RECORDS FOLLOWING THE
CORRECTION AT ANNX-A DTD 15.07.2020.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioner seeks the following prayers:
"a) Writ of mandamus or any other writ or direction directing the competent authorities at First and Second Respondents to make necessary correction in his Secondary School Examination 2020 Class 10 certificate dated 15.07.2020 vide Annexure A in place of "SRINITH"-3- WP No. 19279 of 2021
to "SRINITH SRIKRISHNA" in the interest of justice and equity.
b) Consequentially direct the Third Respondent to correct in all other earlier school records following the correction at Annexure A dated 15.07.2020 in the interest of justice and equity."
2. Heard the learned counsel Dr.S.Arumugam, appearing for petitioner, Sri.M.R.Shailendra, learned counsel appearing for respondents 1 and 2 and Sri.Ramesh Upadhyaya, learned counsel appearing for respondent No.3.
3. The petitioner is before this Court seeking change of his name in the CBSE records from Srinith to Srinith Srikrishna for it having been turned down by the competent authority.
4. Both the learned counsel appearing for the petitioner and the respondents in unison submit that the issue in the lis stands covered by the judgment rendered by the Apex Court in the case of JIGYA YADAV V. CBSE1. The Apex Court in the said judgment has held as follows:
1(2021)7 SCC 535 -4- WP No. 19279 of 2021 "Conclusion and directions to CBSE
192. Although we have discussed the broad issues canvassed before us, in the ultimate analysis the real dispute requiring resolution is about the nature of correction or change, as the case may be, permissible to be carried by the CBSE at the instance of the student including past student. As noted earlier, broadly, two situations would arise.
193. The first is where the incumbent wants "correction" in the certificate issued by the CBSE to be made consistent with the particulars mentioned in the school records.
193.1. As we have held, there is no reason for the CBSE to turn down such request or attach any precondition except reasonable period of limitation and keeping in mind the period for which the CBSE has to maintain its record under the extant regulations. While doing so, it can certainly insist for compliance of other conditions by the incumbent, such as, to file sworn affidavit making necessary declaration and to indemnify the CBSE from any claim against it by third party because of such correction. The CBSE would be justified in insisting for surrender/return of the original certificate (or duplicate original certificate, as the case may be) issued by it for replacing it with the fresh certificate to be issued after carrying out necessary corrections with caption/annotation against the changes carried out and the date of such correction. It may retain the original entries as it is except in respect of correction of name effected in exercise of right to be forgotten. The fresh certificate may also contain disclaimer that the CBSE cannot be held responsible for the genuineness of the school records produced by the incumbent in support of the request to record correction in the original CBSE certificate. The CBSE can also insist for reasonable prescribed fees to be paid by the incumbent in lieu of administrative expenses for issuing fresh certificate.
193.2. At the same time, the CBSE cannot impose precondition of applying for correction consistent with the school records only before publication of results. Such a -5- WP No. 19279 of 2021 condition, as we have held, would be unreasonable and excessive. We repeat that if the application for recording correction is based on the school records as it obtained at the time of publication of results and issue of certificate by the CBSE, it will be open to CBSE to provide for reasonable limitation period within which the application for recording correction in certificate issued by it may be entertained by it. However, if the request for recording change is based on changed school records post the publication of results and issue of certificate by the CBSE, the candidate would be entitled to apply for recording such a change within the reasonable limitation period prescribed by the CBSE. In this situation, the candidate cannot claim that she had no knowledge about the change recorded in the school records because such a change would occur obviously at her instance. If she makes such application for correction of the school records, she is expected to apply to the CBSE immediately after the school records are modified and which ought to be done within a reasonable time.
193.3. Indeed, it would be open to the CBSE to reject the application in the event the period for preservation of official records under the extant regulations had expired and no record of the candidate concerned is traceable or can be reconstructed. In the case of subsequent amendment of school records, that may occur due to different reasons including because of choice exercised by the candidate regarding change of name. To put it differently, request for recording of correction in the certificate issued by the CBSE to bring it in line with the school records of the incumbent need not be limited to application made prior to publication of examination results of the CBSE.
194. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like birth certificate, Aadhaar card, election card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for -6- WP No. 19279 of 2021 change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.
194.1. Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing public notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate 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) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten).
194.2. However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has -7- WP No. 19279 of 2021 been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.
195. In light of the above, in exercise of our plenary jurisdiction, we direct the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paras 193 and 194, as may be applicable, until amendment of relevant bye-laws. Additionally, the CBSE shall take immediate steps to amend its relevant bye-laws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it."
In the light of the issue being decided by the Apex Court as is observed hereinabove, this Court need not delve deep into the matter and it would suffice if a direction is issued to respondents 1 and 2 to consider the representation of the petitioner in terms of the judgment of the Apex Court (supra) and correction of the name of the petitioner shall be effected to, as is directed by the Apex Court within an outer limit of eight weeks from the date of receipt of the copy of this order.
-8- WP No. 19279 of 2021Writ Petition stands disposed accordingly.
Sd/-
JUDGE BKP List No.: 1 Sl No.: 80