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Kerala High Court

Ranjitha P.Jose vs The Central Board Of Secondary ... on 25 July, 2016

Author: P.B.Suresh Kumar

Bench: P.B.Suresh Kumar

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT:

                     THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

                MONDAY, THE 1ST DAYOF AUGUST 2016/10TH SRAVANA, 1938

                                  WP(C).No. 25389 of 2016 (W)
                                      ----------------------------


PETITIONER:
------------------

                     RANJITHA P.JOSE, D/O JOSEPH. P.J.,
                     AGED 27 YEARS, W/O. LINO VARKEY,
                    URUBEEL NIRAPPEL, KULIRAMUTTEY. P.O,
                    KOZHIKODE-673 604.


                     BY ADV. SRI.MAHESH V RAMAKRISHNAN.

RESPONDENTS:
--------------------------

        1.           THE CENTRAL BOARD OF SECONDARY EDUCATION,
                     REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE,
                     1630A, J-BLOCK, ANNA NAGAR WEST,CHENNAI-600 040.

        2.           THE PRINCIPAL,
                     ST. DOMINICS CONVENT ENGLISH MEDIUM SCHOOL,
                     SREEKRISHNAPURAM, CHANDAPPURA, PALAKKAD-679 513.


                     R1 BY ADVS. SRI.K.M. ANEESH, SC,
                                  SRI.ADARSH KUMAR.


                    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
                    ON 01-08-2016, THE COURT ON THE SAME DAY DELIVERED THE
                    FOLLOWING:


rs.

WP(C).No. 25389 of 2016 (W)


                                  APPENDIX

PETITIONER'S EXHIBITS:-


EXHIBIT P1          TRUE COPY OF THE BIRTH CERTIFICATE DATED 25.07.2016
                    OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS &
                    DEATHS, TACHAMPARA.

EXHIBIT P2          TRUE COPY OF THE ALL INDIA SECONDARY SCHOOL
                    EXAMINATION, 2004 MARKS STATEMENT DATED 25.05.2004
                    ISSUED BY THE 1ST RESPONDENT BOARD TO THE
                    PETITIONER.

EXHIBIT P3          TRUE COP OF THE CERTIFICATE DATED 26.05.2004
                    ISSUED BY THE 1ST RESPONDENT BOARD TO THE
                    PETITIONER.


RESPONDENT'S EXHIBITS:-        NIL.




                                                 //TRUE COPY//


                                                 P.S.TO JUDGE


rs.



                       P.B.SURESH KUMAR, J.

                   ----------------------------------------

                    W.P.(C)No.25389 of 2016-W

                  -----------------------------------------

             Dated this the 1st day of August, 2016


                            J U D G M E N T

The petitioner seeks directions to the Central Board of Secondary Education (CBSE) to correct her date of birth as entered in the certificates issued to her in accordance with her Birth Certificate.

2. Heard the learned counsel for the petitioner as also the learned Standing Counsel for the CBSE.

3. Identical cases 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 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.
W.P.(C)No.25389/2016-W 2 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 follows :

(i) The concerned authority of the school in which the petitioner has studied shall correct the date of birth of the petitioner entered in the school records based on the birth certificate of the petitioner and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of a copy of W.P.(C)No.25389/2016-W 3 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.

Kvs/-

// true copy //