Kerala High Court
Megha Madhu vs Central Board Of Secondary Education on 12 May, 2004
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 29TH DAYOF AUGUST 2016/7TH BHADRA, 1938
WP(C).No. 28570 of 2016 (U)
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PETITIONER(S) :
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MEGHA MADHU,
AIKKARA HOUSE, NEDUVARAMCODE P.O,
CHENGANNUR.
BY ADVS. SRI.V.K.SUNIL
SMT.PRIYANKA VARGHESE
RESPONDENT(S) :
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1. CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS DIRECTOR, SHIKSHA KENDRA, 2,
COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-11031.
2. CONTROLLER OF EXAMINATIONS,
CBSE, SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, NEW DELHI-11031.
3. THE REGIONAL OFFICER,
CBSE, 2ND FLOOR, BLOCK-B,
LIC DIVISIONAL OFFICE CAMPUS, PATTAOM,
THIRUVANANTHAPURAM-695 004.
4. THE PRINCIPAL,
RAJA RAJESWARI CEN SCHOOL, CHENGANNUR,
ALAPPUZHA- 689 508.
R1 TO R3 BY ADV. SRI.NIRMAL.S, S.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Msd.
WP(C).No. 28570 of 2016 (U)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER
ISSUED BY THE PATHANAMTHITTA MUNICIPALITY.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR ADMISSION OF
THE PETITIONER DATED 12.05.2004.
EXHIBIT P3 TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF
PERFORMANCE OF THE PETITIONER FOR CLASS X ISSUED BY
THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR CORRECTION OF ENTRIES
IN GRADE SHEET OF THE PETITIONER SUBMITTED BY
THE PETITIONER'S FATHER BEFORE THE 4TH RESPONDENT
DATED 19.10.2015.
EXHIBIT P5 TRUE COPY OF THE DULY FILLED APPLICATION IN
THE PRESCRIBED FORMAT FOR CORRECTION OF THE NAME OF
THE PETITIONER'S FATHER AND MOTHER.
EXHIBIT P6 TRUE COPY OF THE FORWARDING LETTER OF EXT.P5 SENT BY
THE 4TH RESPONDENT DATED 19.11.2015.
EXHIBIT P7 TRUE COPY OF THE COMMUNICATION NO.CBSE/RO(TVPM)/
CORR/593/2015 DATED 09.12.2015 ISSUED BY
THE 3RD RESPONDENT.
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.B.SURESH KUMAR, J.
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W.P.(C) No. 28570 of 2016
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Dated this the 29th day of August, 2016
JUDGMENT
The petitioner seeks directions to the Central Board of Secondary Education (CBSE) to correct the mistake in the certificates issued to her as regards the names of her father and mother.
2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the CBSE.
3. Identical cases, in the context of mistakes as to the date of birth, have been considered by this Court in Subin Mohammed v. Union of India (2016 (1) KLT 340) and directions have been issued to the CBSE to carry out the corrections sought on payment of a sum of Rs.5,000/-. The operative portion of the said judgment reads as W.P.(C) No. 28570 of 2016 -2- follows :
i. That CBSE shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine.
ii. Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, CBSE may deem it fit.
iii. CBSE can demand in advance a consolidated fee, including all expenses for processing such applications.
iv. Each of the petitioners shall pay Rs.5,000/- (Rupees Five thousand only) as cost to CBSE within a period of one month."
4. Having regard to the facts and circumstances of the case, as also the submissions made by the learned counsel on either side, the writ petition is disposed of as W.P.(C) No. 28570 of 2016 -3- follows :
(i) The concerned authority of the school in which the petitioner has studied shall correct the names of the father and mother of the petitioner entered in the school records based on her birth certificate and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of a copy of this judgment.
(ii) The CBSE shall carry out the correction sought by the petitioner based on the birth certificate and the corrected school records, on payment of Rs.5000/-, within two months thereafter.
Sd/-
P.B. SURESH KUMAR JUDGE bpr