Kerala High Court
Ashish Albi vs Central Board Of Secondary Education on 10 January, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941
WP(C).No.29667 OF 2019(G)
PETITIONER:
ASHISH ALBI,
AGED 19 YEARS
S/O.ALBI K.A., KOLLAMPARAMBIL HOUSE, VADAKKUMPURAM
P.O., NORTH PARAVUR, ERNAKULAM DISTRICT- 683521.
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS ASSISTANT SECRETARY, REGIONAL
OFFICE, 2ND FLOOR, BLOCK B, LIC DIVISIONAL OFFICE
CAMPUS, PATTOM P.O., THIRUVANANTHAPURAM- 695004.
2 THE CONTROLLER OF EXAMINATIONS,
CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA
2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI- 110092.
*Addl. THE PRINCIPAL
3 MARIA TERESA SCRILLI PUBLIC SCHOOL, NORTH PARAVUR,
ERNAKULAM - 683 513.
(*ADDITIONAL 3RD RESPONDENT IS IMPLEADED AS PER ORDER
DATED 10.01.2020 IN IA NO.1/2019)
R1-2 BY SRI.NIRMAL S., SC, CBSE
R3 BY ADV. C.A.CHACKO
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29667 OF 2019(G)
2
JUDGMENT
This writ petition is filed seeking the following prayers "i) issue a writ of certiorari or any other appropriate writ or direction calling for the records resulting in Exhibit P7 order, scrutinize and quash the same.
ii) issue a writ of mandamus or any other appropriate writ or direction to the respondents to correct the name of the petitioner's parents in Exhibit P4 certificate so that it is consistent with the name of his parents shown in Exhibit P5 Birth Certificate of the petitioner; and Exhibit P6 Marks Statement"
2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the CBSE as well as the learned counsel for the 3rd respondent.
3. The petitioner had sought for a correction of the CBSE certificate issued to him by correction of the name of parents of the petitioner. The application was supported by the corrected Birth Certificate. However, the application has been rejected by Ext.P7 communication. It is contended by the learned counsel for the petitioner that the rejection was on the ground that the correction sought for by the petitioner was not found in consonance with the school records. The learned counsel for the WP(C).No.29667 OF 2019(G) 3 petitioner submits that since the correction has been effected in the Birth Certificate of the petitioner, the refusal on the part of the respondents to carry out the correction is completely unsustainable.
4. A statement has been placed on record by respondents 1 and 2 stating that the correction of certificate is governed by the bye-law 69.1(ii) and that the correction can be allowed only in terms of the amended bye-laws. It is stated that the correction has not been carried out in the school records and that as such the same could not have been allowed.
Having considered the contentions advanced and heard the learned counsel appearing on either side, I am of the opinion that, in view of the fact that the petitioner had made an application along with the corrected copy of the Birth Certificate, the request made by the petitioner is liable to be considered by the respondents. In view of the fact that it is contended that the school records had not been duly corrected, there will be a direction to the additional 3 rd respondent to forward the application submitted by the petitioner along with the copy of the school records, as corrected, in terms of Ext.P4 certificate forthwith, at any rate, within two weeks from the date of receipt WP(C).No.29667 OF 2019(G) 4 of a copy of this judgment. On receipt of such application with the corrected school records, the 1st respondent shall take up the application, reconsider the same and pass orders within a period of one month thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bng/13.01.2020 WP(C).No.29667 OF 2019(G) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PAGES 1 AND 3 OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF PETITIONER'S FATHER MR.ALBI K.A DATED NIL.
EXHIBIT P2 TRUE COPY OF PAGES 1 AND 3 OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF PETITIONER'S MOTHER MRS.SOPHY K.K DATED NIL.
EXHIBIT P3 TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PERUMBAVOOR DATED 21.03.2003.
EXHIBIT P4 TRUE COPY OF THE CLASS X GRADE SHEET CUM CERTIFICATE OF PERFORMANCE SECONDARY SCHOOL EXAMINATION 2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 03.06.2017.
EXHIBIT P5 TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PERUMBAVOOR DATED 16.11.2017.
EXHIBIT P6 TRUE COPY OF MARKS STATEMENT OF SENIOR SCHOOL CERTIFICATE EXAMINATION 2019 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 02.05.2019.
EXHIBIT P7 TRUE COPY OF LETTER WITH CASE NO.1569 ISSUED BY THE 1ST PETITIONER DATED 19.07.2018.
EXHIBIT P8 TRUE COPY OF NOTIFICATION NO.CBSE/COORD/AS(C)/2017 ISSUED BY THE 1ST RESPONDENT DATED 01.02.2018.