Kerala High Court
Nebil Divay vs The Central Board Of Secondary ... on 26 August, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
WP(C) NO. 27701 OF 2022
PETITIONER/S:
NEBIL DIVAY
AGED 29 YEARS
KALHARAM,PANDARAKONAM,
POTHENCODE, THIRUVANANTHAPURAM, PIN - 695584
BY ADVS.
K.SUDHINKUMAR
S.NITHIN (ANCHAL)
RESPONDENT/S:
1 THE CENTRAL BOARD OF SECONDARY EDUCATION
REPRESENTED BY ITS SECRETARY,
SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, DELHI ., PIN - 110092
2 THE REGIONAL OFFICER
THE CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE, PLOT NO. 1630-A,
(NEW NO. 3), ANNA NAGAR WEST,
J- BLOCK, CHENNAI ., PIN - 600040
3 THE PRINCIPAL
SAINIK SCHOOL, KAZHAKKOOTAM
THIRUVANANTHAPURAM -695585, PIN - 695585
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27701 OF 2022
2
JUDGMENT
Petitioner completed his All India Secondary Examination from the 3rd respondent's School in the year 2009 and he was issued with Ext.P2 certificate, where the Date of birth is shown as 6.5.1994 mistakenly. It is submitted that in Ext.P1 date of birth certificate and Ext.P3 passport of the petitioner the date of birth is correctly shown as 6.7.1993. Petitioner submitted an application Ext.P4 before the 3rd respondent/Principal requesting to correct the date of birth in the certificate which is rejected by Ext.P5 order.
2. Learned counsel for the petitioner submits that the controversy with regard to the correction in the date of birth has been set at rest by Honorable Supreme Court in Jigya Yadav Vs. Central Board of Secondary Education (2021 (3) KLT 711(SC)), though the question of limitation has been kept open, thus prays for issuance of appropriate directions to respondents to entertain the application and pass order in accordance with law.
3. Learned counsel appearing on behalf of the first respondent submits that Regulation 69.3 of the CBSE Examination Byelaws prescribes the limitation of five years from the date of declaration of result for entertaining the application for correction in WP(C) NO. 27701 OF 2022 3 the date of birth, but do not deny the directions contained in the order of this Court and various other orders passed from time to time noticing the directions contained in Jigya Yadav (supra) regarding submission of the undertaking and an affidavit.
4. I have heard learned counsel for parties and appraised the paper books and of the view that there is force and merit in the submission of the counsel representing the petitioner.
5. No doubt the Regulation 69.3 prescribes the period of limitation of five years for submission and entertainment of the application for correction of date of birth and the question of limitation in the judgment of Jigya Yadav (supra) was kept open with a further direction to amend the Byelaws. It is conceded position on record that the byelaw has not so far has been amended and the same is pending under consideration. This judgment has been followed 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 whereby the candidate was required to submit an affidavit and indemnity bond envisaging the conditions stipulated in Jigya Yadav(supra):
WP(C) NO. 27701 OF 2022 4
"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 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'.) 1.7. 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.
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." WP(C) NO. 27701 OF 2022 5 Thus the 2nd respondent is directed to entertain the application for correction of the date of birth as forwarded by the 3 rd respondent and pass an order in terms of the judgment of this Court in W.P(C) No.29182 of 2021 Ext.P5 is quashed. Petitioner is directed to file fresh application within a period of one week from the date of receipt of a certified copy of the judgment and on receipt of the fresh application, the school will forward the same to the 2 nd respondent within a period of one week and then the 2 nd respondent will take action on the application within a period of 30 days thereafter.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 27701 OF 2022
6
APPENDIX OF WP(C) 27701/2022
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED
BY THE REGISTRAR OF BIRTH AND DEATHS,
PUNALUR MUNICIPALITY DATED 10.02.2010
Exhibit-P2 TRUE COPY OF THE ALL INDIA SECONDARY
SCHOOL EXAMINATION CERTIFICATE OF THE
PETITIONER DATED 06-01-2010
Exhibit3 TRUE COPY OF THE RELEVANT PAGE OF THE
PASSPORT OF THE PETITIONER DATED
29.01.2013
Exhibit-P4 TRUE COPY OF THE REQUEST FOR CORRECTION
DATE OF BIRTH MADE BY THE PETITIONER
BEFORE THE 3RD RESPONDENT DATED 11.08.2022 Exhibit-P4(a) TYPED COPY OF EXT. P4 Exhibit-P5 TRUE COPY OF ORDER NO.
2163/SST/MISC/TRG/2022 ISSUED BY THE 3RD RESPONDENT DATED 11.08.2022