Kerala High Court
Reshma A.S vs Central Board Of Secondary Education on 1 October, 2018
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 01ST DAY OF OCTOBER 2018 / 9TH ASWINA, 1940
WP(C).No. 31986 of 2018
PETITIONER/S:
RESHMA A.S
AGED 22 YEARS
D/O.ANITHA, SATHYA VILAS, PURUTHIVILA, PARAIYAM,
THIRUPURAM P.O., NEYYATTINKARA TALUK,
THIRUVANANTHAPURAM DISTRICT, KERALA.
BY ADVS.SRI.G.SUDHEER
SRI.R.HARIKRISHNAN (H-308)
RESPONDENT/S:
1 CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE, NEW NO.3, J BLOCK, 16TH MURI ROAD,
ANNA NAGAR (WEST), CHENNAI - 600 040, REPRESENTED BY
ITS REGIONAL OFFICER.
2 CONTROLLER OF EXAMINATIONS
CBSE, NEW NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR
(WEST), CHENNAI - 600 040.
3 THE PRINCIPAL
JAWAHAR CETNRAL SCHOOL (SENIOR SECONDARY),
JAWAHAR NAGAR, KANJIRAMKULAM P.O.,
THIRUVANANTHAPURAM - 695 524.
OTHER PRESENT:
SRI.S.NIRMAL, SC, CBSE FOR R1 AND R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.10.2018, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.31986/2018 2
ALEXANDER THOMAS, J.
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W.P.(C)No.31986 of 2018
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JUDGMENT
The petitioner is aggrieved by the impugned decisions of the respondents more particularly at Ext.P11 and Ext.P13, whereby the request made by the petitioner for correction of date of birth in the school records and CBSE records so as to be in tune with the birth certificate has been rejected mainly on the ground that the school authority had not corrected the date of birth in the school records before forwarding the same to the 1st respondent CBSE authority, etc.
2. The prayers in this Writ Petition (Civil) are as follows:
"i) issue a writ of mandamus or any other appropriate writ order or direction directing the 3rd respondent to correct the date of birth of petitioner in the school records including Exts.P4 to P7 and forward same to 1st respondent in the proforma with request to correct the date of birth of petitioner as 29.2.1996 in Ext.P1 certificate and connected records kept in the office of 1st respondent.
ii) Issue a writ of mandamus to respondents 1 and 2 to correct the date of birth of petitioner a 29.02.1996 in Ext.P1 and connected records under their custody."W.P.(C)No.31986/2018 3
3. Heard Sri. G.Sudheer (Karakonam), the learned counsel appearing for the petitioner and Sri.S.Nirmal, the learned Standing Counsel for the CBSE appearing for respondents 1 and 2. In the nature of the orders proposed to be passed in this Writ Petition, notice to R3(School) will stand dispensed with.
4. According to the petitioner, her date of birth has been correctly recorded in Ext.P2 birth certificate issued by the Registrar of Births and Deaths under the enabling provisions contained in the Registration of Births and Deaths Act, 1969 and the Rules framed thereunder, as 29.2.1996 and that her birth has been so registered on 7.3.1996 as discernible from Ext.P2. That mistake was inadvertently committed while showing her date of birth in the school records as per Ext.P4, Ext.P5, and Ext.P7 etc., wherein her date of birth is wrongly shown as 29.3.1996, which was consequently also repeated in the CBSE records like Ext.P1 mark list dated 21.5.2012 issued by the CBSE. That entry of the date of birth in Ext.P2 is fully supported by W.P.(C)No.31986/2018 4 Ext.P3 hospital records, wherein it is shown that the petitioner's mother, Anitha had given birth to a female child on 29.2.1996 in the hospital mentioned therein and that she was duly discharged from that hospital on 12.3.1996. Her date of birth has also been shown correctly as 29.2.1996 in Ext.P8 passport, Ext.P9 Election Commission of India identity card, Ext.P10 PAN card issued by the Income Tax Department, Government of India etc. In view of the mistake committed in the school records, her date of birth was wrongly shown in Ext.P1 mark list dated 21.5.2012 issued by the CBSE. Before the expiry of the two years from the date of issuance of Ext.P1 mark list dated 21.5.2012, the petitioner had submitted a petition before the 3rd respondent school authority to correct the date of birth in the school records so as to be in tune with Ext.P2 birth certificate and then forwarded the same to the CBSE authority for correction in the CBSE records. However, the school authorities only forwarded the application without carrying out the corrections in the school records and that the 1st respondent CBSE W.P.(C)No.31986/2018 5 official concerned had then issued Ext.P11 dated 22.8.2014 rejecting the request of the petitioner for correction of the date of birth in the CBSE records only on the ground that the correction that effect was not actually carried out by the school authorities in the school records before forwarding the request to the 1st respondent CBSE authorities. However, the 1st respondent has specifically issued direction in Ext.P11 that the school authority may fill the enclosed proforma and return the same to the 1st respondent CBSE, etc. Ext.P11(2) is the proforma forwarded by the 1st respondent to the 3rd respondent. In pursuance thereof, the 3 rd respondent school authority has submitted Ext.P12 letter dated 1.9.2014 addressed to the 1st respondent,wherein it is stated that the mistake in the date of birth has to be corrected so as to be in tune with the birth certificate. The 3rd respondent has stated in Ext.P12(2) that the date of birth as reflected in school records and the CBSE records is only on account of the wrong entry made by the parent in the school admission application as 29.3.1996 and that the W.P.(C)No.31986/2018 6 correct date of birth of the petitioner as per Ext.P2 birth certificate is 29.2.1996 and the change of date of birth is highly essential, otherwise the candidate will be prejudiced etc. The said request made by the 3rd respondent in Ext.P12(2) has again been rejected by the 1st respondent as per Ext.P13 without assigning any reasons. A perusal of the pleading and materials on records would show that the date of birth of the petitioner has been entered in Ext.P2 birth certificate as 29.2.1996 and the birth has been registered on 7.3.1996 as per Ext.P2. If the child had actually been born only on 29.3.1996 as shown in the school records and the CBSE records, then it would have been virtually impossible to get her birth registered on 7.3.1996 as per Ext.P2 which is prior to the date of birth shown in the school records. That aspect itself would give credence and reliability to the version of the petitioner that her date of birth is as shown in Ext.P2 birth certificate. Ext.P3 is the hospital record which would show that a female child was born to the petitioner's mother on 29.2.1996 and that she W.P.(C)No.31986/2018 7 was duly discharged from that hospital on 12.3.1996. That aspect should also give weight to the correctness of the version of the petitioner. The petitioner had submitted application for correction of date of birth before the respondents within two years from the date of issuance of Ext.P1 CBSE mark list dated 21.5.2012 and the same was forwarded by the 3rd respondent to the 1st respondent for favourable action, but without actually carrying out the corrections in the school records. The said request has been rejected by the 1st respondent mainly on the ground that the requisite correction in the school records has not been effected and further, school authority was directed in Ext.P11 to forward the filled up proforma enclosed therewith Ext.P11(2). The said request to fill up proforma was again forwarded by the school authority, but it appears that the 3rd respondent had not carried out the correction in the school records, presumably on account of the lack of guidelines in that regard. However, the request of the petitioner was again been strongly recommended by the 3rd respondent in W.P.(C)No.31986/2018 8 Ext.P12, which has been rejected by Ext.P13 without assigning any reason. In the light of these aspects, this Court is of the considered view that the request of the petitioner should be seriously reconsidered by the respondents and the matter requires interdiction.
5. The Division Bench of this Court in the decision in Subin Mohammed v. Union of India, reported in 2016 (1) KLT 340, has also held in para 39 thereof that while considering a petition filed under Article 226 of the Constitution of India seeking correction of date of birth in the CBSE records beyond the time period permitted by that authority, it has been held by this Court that it is always open for the Court exercising powers under Article 226 of the Constitution of India to pass appropriate orders taking into account the facts and circumstances of each case and also taking into consideration the extenuating aspects that future prospects of the candidates, who intend to study or to get employment abroad will be prejudicially affected, if the entry of the date of birth in the W.P.(C)No.31986/2018 9 mark sheet does not tally with that in the birth certificate. Accordingly the Division Bench in Subin Mohammed's case (supra) reported in 2016 (1) KLT 340 has issued the following directions in paras 39 & 41, which read as follows:
"39. It is contended that the future prospects of the petitioners to study or get employment abroad, will be substantially affected if the entry of date of birth in the mark sheet does not tally with that in the birth certificate. Though a writ of mandamus cannot be issued in the strict sense, we are of the view that, failure to exercise jurisdiction may put the petitioners to serious hardship. Hence, to render justice, it is always open for the Court to pass appropriate orders, taking into account the facts and circumstances of each case. However, if disputed questions of fact arises, it will not be appropriate for this Court to entertain the matter.
40. xxx xxx xxx
41. Hence, to meet the ends of justice, it will be appropriate for this Court to dispose the Writ Petitions with the following directions:
i) That C.B.S.E. 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, C.B.S.E. may deem it fit.
(iii) C.B.S.E. 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 C.B.S.E. within a period of one month."
Further, this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017 has issued the following W.P.(C)No.31986/2018 10 directions in para 4 thereof, which reads as follows:
"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 follows:
(i) The concerned authority of the school in which the petitioner has studied shall correct the name 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."
The above said judgments have been followed in series of cases by this Court while entertaining applications under Article 226 of the Constitution of India for directions in the matter of correction of date of birth in the CBSE records.
7. Accordingly, taking into account the directions issued by the Division Bench of this Court in Subin Mohammed's case (supra) reported in 2016 (1) KLT 340 as well as the directions issued by this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017, it is ordered that the matter requires consideration afresh at the hands of the W.P.(C)No.31986/2018 11 respondents. In the instant case, it is to be noted that as the petitioner had submitted the request for correction of date of birth within two years from the date of issuance of Ext.P1 CBSE mark list dated 21.5.2012, there is no necessity for imposing any cost.
8. Accordingly, the impugned decision of the 1st respondent at Ext.P11 and Ext.P12 will stand quashed and the matter will stand remitted to the respondents for consideration afresh. In order to facilitate further action, it is ordered that the petitioner may submit formal and separate applications to the 1st respondent and the 3rd respondent seeking correction of date of birth in the school records and CBSE records so as to be in tune with Ext.P2 birth certificate. Necessary materials in support of the claim should also be duly enclosed therewith along with a certified copy of this judgment. Upon receipt of the request, the 3rd respondent will take necessary steps to ensure that the date of birth of the petitioner as shown in the school records as per Exts.P4, P5,P7 etc is duly W.P.(C)No.31986/2018 12 corrected so as to be in consonance with the date of birth as shown in Ext.P2 birth certificate and the details in this regard should be forwarded by the 3 rd respondent to the 1st respondent without much delay. Upon receipt of the proceedings, the 1st respondent will pass necessary orders correcting the date of birth of the petitioner in the CBSE records like Ext.P1 mark list, pass certificate etc., so as to be inconsonance with the date of birth as shown in Ext.P2 birth certificate, without much delay. The entire exercise in this regard should be duly completed by the respondents without much delay preferably within a period of two months from the date of production of a certified copy of this judgment.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS, JUDGE.
acd W.P.(C)No.31986/2018 13 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF KUNNUKAL GRAMA PANCHAYATH DTED 16.03.1996.
EXHIBIT P3 TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY THE MEDICAL OFFICER, DR. S.M.I.C.S.I. HOSPITAL, KARAKONAM.
EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR ADMISSION SUBMITTED BY THE PETITIONER'S GUARDIAN BEFORE THE JAWAHAR CENTRE SCHOOL, KANJIRAMKULAM DATED 09.11.2009.
EXHIBIT P5 TRUE COPY OF THE EXTRACT OF THE ADMISSION REGISTER ISSUED BY THE PRINCIPAL, JAWAHAR CENTRAL SCHOOL, KANJIRAMKULAM DATED 20.06.2012.
EXHIBIT P6 TRUE COPY OF THE FINAL LIST OF CANDIDATES FOR CLASS XTH FOR THE ACADEMIC YEAR 2011-12.
EXHIBIT P7 TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE PRINCIPAL, JAWAHAR CENTRAL SCHOOL, KANJIRAMKULAM EXHIBIT P8 TRUE COPY OF THE DETAILS OF PASSPORT ISSUED BY PASSPORT OFFICE, KARAKONAM, KERALA.
EXHIBIT P9 TRUE COPY OF VOTERS ID CARD ISSUED BY THE ELECTORAL REGISTRATION OFFICER TO THE PETITIONER.
EXHIBIT P10 TRUE COPY OF THE PAN CARD ISSUED BY THE INCOME TAX AUTHORITY.W.P.(C)No.31986/2018 14
EXHIBIT P11 TRUE COPY OF THE LETTER AND DATE OF BIRTH CORRECTION FORMAT ISSUED BY THE REGIONAL OFFICER, CENTRAL BOARD OF EDUCATION, CHENNAI.
EXHIBIT P12 TRUE COPY OF APPLICATION WITH FILLED UP PERFORMA SENT BY THE PRINCIPAL, JAWAHAR CENTRAL SCHOOL TO THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION.
EXHIBIT P13 TRUE COPY OF LETTER SENT BY REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION TO THE PRINCIPAL, JAWAHAR CENTRAL SCHOOL, KANJIRAMKULAM.
EXHIBIT P14 TRUE COPY OF LETTER SENT BY THE PRINCIPAL, JAWAHAR CENTRAL SCHOOL, KANJIRAMKULAM.
TRUE COPY P.S. TO JUDGE.