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Kerala High Court

Vishnu B.Menon vs Central Board Of Secondary Education on 14 June, 2022

Author: Amit Rawal

Bench: Amit Rawal

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 18530 OF 2022
PETITIONERS:

          VISHNU B.MENON,
          AGED 30 YEARS,
          S/O.BALAKRISHNAN THANIKKAL, SAROVARAM, VANIYANKULAM
          POST, PULACHITHRA, OTTAPALAM, PALAKKAD - 679 522.

          BY ADVS.
          ABDUL JALEEL.A
          M.A.SULFIA


RESPONDENTS:

    1     CENTRAL BOARD OF SECONDARY EDUCATION,
          SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR,
          DELHI - 110 093, REPRESENTED BY THE CHAIRMAN.

    2     THE CHAIRMAN,
          CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA,
          2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 093.

    3     THE PRINCIPAL,
          SWATHY CENTRAL SCHOOL, VANIYAMKULAM, OTTAPPALAM,
          PALAKKAD DISTRICT - 679 522.

    *4    THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY
          EDUCATION, REGIONAL OFFICE, NEW NO.3 (OLD NO.1630-A1),
          V BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-
          600040.
          (*IMPLEADED AS PER ORDER DATED 14.06.2022 IN I.A.NO.1
          OF 2022)


          BY ADV.
          SRI NIRMAL S., SC, CBSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18530 OF 2022        -2-



                            JUDGMENT

Petitioner had studied upto 12th standard under the Central Board of Secondary Education and thereafter pursued B.Tech BE. Date of Birth, in the certificate issued by the Central Board of Secondary Education Ext.P1 is 21.05.1991 whereas in Ext.P2 Birth Certificate issued by the Health Superintendent, Secunderabad Cantonment Board, it is recorded as 24.05.1991. Mark list was issued by the Central Board of Secondary Education on 28.05.2007 with incorrect date of birth i.e., 21.05.1991. Petitioner intends to migrate to Canada for higher studies and in this connection, a representation Ext.P3 has been submitted to the CBSE for carrying out the correction in date of birth. A representation Ext.P4 has been submitted to the school authorities also, for correction of date of birth in the school records and to take steps to enable the 2nd respondent CBSE to provide fresh certificate.

2. Learned counsel for the petitioner submits that the controversy with regard to the correction in the date of birth WP(C) NO. 18530 OF 2022 -3- 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. Respondents have been correcting the date of birth as and when an undertaking and an affidavit in terms of the order passed by this Court in Sreeraj R.Nath Vs. Central Board of Secondary Education 2013(2) KLT 430 are submitted, 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.

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 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 WP(C) NO. 18530 OF 2022 -5- 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."

The additional 4th respondent is directed to take a call on the representations submitted by the petitioner for correction of date of birth in the school records as well as in the certificate issued by the CBSE 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 two months from the date of receipt of a certified copy of the judgment. Writ petition is disposed off.

Sd/-

AMIT RAWAL JUDGE vv WP(C) NO. 18530 OF 2022 -7- APPENDIX OF WP(C) 18530/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE MARK STATEMENT/CERTIFICATE ISSUED FROM THE CENTRAL BOARD OF SECONDARY EDUCATION.

Exhibit P2 THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY HEALTH SUPERINTENDENT, SECUNDERABAD CANTONMENT BOARD.

Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 30/05/2022 FILED BEFORE 2ND RESPONDENT. Exhibit P4 THE TRUE COPY OF THE REPRESENTATION DATED 30/05/2022 FILED BEFORE 3RD RESPONDENT.