Kerala High Court
Rini Rajan Thomas vs Union Of India on 28 November, 2013
Author: P.R.Ramachandra Menon
Bench: P.R.Ramachandra Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
FRIDAY,THE 10TH DAY OF JANUARY 2014/20TH POUSHA, 1935
WP(C).No. 32038 of 2013 (D)
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PETITIONERS:
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1. RINI RAJAN THOMAS, AGED 23 YEARS,
D/O.RAJAN THOMAS, ROSHEN VILLA, MAMPILALIL MURI,
THUMPAMON P.O., PATHANAMTHITTA, PIN-689 502.
2. MR. OMANA RAJAN,
W/O.RAJAN THOMAS, ROSHEN VILLA, MAMPILALIL MURI,
THUMPAMON P.O., PATHANAMTHITTA, PIN-689 502.
BY ADV. SRI.SEBASTIAN PHILIP
RESPONDENT(S):
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1. UNION OF INDIA,
REPRESENTED BY PRINCIPAL SECRETARY,
MINISTRY OF HUMAN RESOURCES AND EDUCATION
CENTRAL SECRETARIAT, NEW DELHI-110 001.
2. THE CENTRAL BOARD OF SECONDARY EDUCATION,
P.S.1-2 INSTITUTIONAL AREA, PATPARAGENJ, PREETHI VIHAR,
DELHI-110 092, REPRESENTED BY ITS SECRETARY.
3. THE REGIONAL OFFICER,
REGIONAL OFFICE,
CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630A,
'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST,
CHENNAI-600 040.
4. THE PRINCIPAL,
ST.JOHN'S SCHOOL, KEERUKUZHY P.O., THUMPAMON
PATHANAMTHITTA-689502.
R1 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA,
R2 & R3 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 32038 of 2013 (D)
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APPENDIX
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PETITIONER(S)' EXHIBITS:
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EXHIBIT P1: TRUE COPY OF THE PETITIONER'S MARKS STATEMENT IN THE ALL
INDIA SECONDARY SCHOOL EXAMINATION 2006.
EXHIBIT P1(A): TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER
BY THE 2ND RESPONDENT OF ALL INDIA SECONDARY
SCHOOL EXAMINATION 2006.
EXHIBIT P2: TRUE COPY OF THE PETITIONER'S MARKS STATEMENT IN THE ALL
INDIA SENIOR SECONDARY SCHOOL CERTIFICATE
EXAMINATION 2008.
EXHIBIT P2(A): TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY
THE 2ND RESPONDENT OF ALL INDIA SENIOR SECONDARY SCHOOL
EXAMINATION 2008.
EXHIBIT P3: TRUE COPY OF THE STATEMENT OF MARKS FOR THE B.SC.
NURSING EXAMINATION 2013.
EXHIBIT P4: TRUE COPY OF THE APPLICATION DATED 28.11.2013 SUBMITTED BY
2ND PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE APPLICATION DATED 02.12.2013 SUBMITTED BY
1ST PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE APPLICATION DATED 02.12.2013 SUBMITTED BY
2ND PETITIONER TO THE 2ND RESPONDENT.
RESPONDENT(S)' EXHIBITS:
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NIL
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.R. RAMACHANDRA MENON, J.
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W.P.(C). No. 32038 of 2013
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Dated this the 10th day of January, 2014
JUDGMENT
Petitioners are stated as aggrieved of the inadvertent mistake which has crept in relevant school/certificates showing the name of the first petitioner as Rani Rajan in place of "Rani Rajan Thomas".
2. The case of the petitioners is that, they have applied to have the above mistake corrected by the 3rd respondent as per Exts. P4 to P6 and all the relevant records were submitted. Ext.P2 and P2(a) are the certificates showing the correct name as "Rani Rajan Thomas". Exts. P1 and P1(a) are the Certificates to be corrected. It is submitted that, the callous inaction on the part of the respondents has made the petitioner to approach this Court seeking for appropriate reliefs.
3. Heard the learned Central Government Counsel as well.
4. The learned standing counsel for respondents 2 and 3 submits that, by virtue of the Bye-laws of the C.B.S.E, the petitioners have to approach the school authorities and get first petitioner's school records corrected showing the actual name as "Rani Rajan Thomas". Thereafter, the application has to be got forwarded along with the corrected details, i.e., the correct name of the first petitioner as "Rani Rajan Thomas" as certified by the school authorities and as verified by the concerned local authority to the third respondent, on which event, W.P.C. No. 32038 of 2013 -2- the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioners.
5. In the above circumstances, the petitioners are left to approach the 4th respondent and get the first petitioner's school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the 3rd respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the 3rd respondent in accordance with law. Final orders as above, shall be passed by the 3rd respondent after conducting verification with the concerned Authority, if necessary, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of the proceedings as aforesaid.
The petitioners shall produce a copy of judgment along with a copy of the writ petition before the 3rd respondent for further steps. The writ petition is disposed of as above.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
The first petitioner's name shown as "Rani Rajan" occurring in the first paragraph and "Rani Rajan Thomas" occurring in paragraphs 1, 2 and 4 of the judgment dated 10.01.2014 in W.P(C). No. 32038/2013 is corrected and substituted as "Rini Rajan" and "Rini Rajan Thomas respectively, vide order dated 10.02.2014 in I.A. 1893/2014.
sd/-
Registrar (Judicial)