Kerala High Court
Jithin Das Purushothaman vs Central Board Of Secondary Education ... on 7 July, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21984 OF 2022
PETITIONER:
JITHIN DAS PURUSHOTHAMAN,
AGED 35 YEARS,
S/O PURUSHOTHAMAN, PAROOKARAN HOUSE,
KADUKKAPPILLY ROAD, KALADY P.O,
ERNAKULAM, PIN 683574.
PRESENTLY RESIDING AT 11100 E 96TH ST S APT 1328,
TULSA, OK, UNITED STATES OF AMERICA - 74133
REPRESENTED BY THE POWER OF ATTORNEY HOLDER,
SHEELA P.N, AGED 61, W/O PURUSHOTHAMAN,
PAROOKARAN HOUSE, KADUKKAPPILLY ROAD, KALADY P.O,
ERNAKULAM, PIN 683574.
BY ADV OMAR SALIM
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),
REPRESENTED BY THE SECRETARY,
HEAD OFFICE, SHIKSHA KENDRA-2, COMMUNITY CENTRE,
PREETVIHAR, NEW DELHI, PIN - 110092
2 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),
NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST,
CHENNAI, PIN - 600040
3 THE PRINCIPAL,
JAMIAHASSANIA PUBLIC SCHOOL,
S.VAZHAKULAM, ALUVA, KOCHI, PIN - 683105
OTHER PRESENT:
SRI NIRMAL S., SC, CBSE
SRI V K SUNIL, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21984 OF 2022 -2-
JUDGMENT
Petitioner had completed his Secondary School education from Jamia Hassania Public School affiliated to the Central Board of Secondary Education (hereinafter referred to as 'CBSE', for short). Date of Birth, in the records of the school covered under the Central Board of Secondary Education, was recorded as 26.05.1988 whereas in Ext.P2 Birth Certificate issued by the Registrar of Births, Perumbavoor Municipality as also in Ext.P3 Aadhar card, it is recorded as 03.06.1987. Mark list was issued by the Central Board of Secondary Education on 24.05.2003 with incorrect date of birth i.e., 26.05.1988 and an application was submitted by the petitioner on 18.03.2022 Ext.P4 to the 3rd respondent for rectifying the mistake. 3rd respondent has forwarded the application to the 2nd respondent for rectifying the mistake.
2. Learned counsel for the petitioner submits that the controversy with regard to the correction in the date WP(C) NO. 21984 OF 2022 -3- 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 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.
WP(C) NO. 21984 OF 2022 -4-
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):
"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, WP(C) NO. 21984 OF 2022 -5- 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 WP(C) NO. 21984 OF 2022 -6- 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."
Thus the 2nd respondent is directed to entertain the application for correction of the date of birth as forwarded by the 3rd respondent and pass an order in terms of the judgment of this Court in W.P(C) No.29182 of 2021. Let this exercise be undertaken within a period of three months from the date of receipt of a certified copy of the order. Writ petition is disposed off.
Sd/-
AMIT RAWAL JUDGE vv WP(C) NO. 21984 OF 2022 -7- APPENDIX OF WP(C) 21984/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF MARKS STATEMENT OF SECONDARY SCHOOL EXAMINATION CERTIFICATE ISSUED BY THE CBSE DATED 24.05.2003 Exhibit P2 TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS, PERUMBAVOOR MUNICIPALITY DATED 22.11.2021 Exhibit P3 TRUE COPY OF AADHAAR CARD OF THE PETITIONER Exhibit P4 TRUE COPY OF REPRESENTATION DATED 18.03.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF APPLICATION FORWARDED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT FOR CORRECTION OF DATE OF BIRTH IN SCHOOL CERTIFICATES