Karnataka High Court
Miss Bhavani Umanand vs Central Board Of Secondary Education on 20 September, 2022
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.12869 OF 2022 (EDN-RES)
BETWEEN
MISS.BHAVANI UMANAND
D/O. B R ANAND
AGED ABOUT 19 YEARS
RESIDENT OF BIDALURU VILLAGE
POST:BIDALURU
DEVANAHALLI,
BENGALURU RURAL DISTRICT
PIN : 562 110
...PETITIONER
(BY SRI.M.S.VENUGOPAL, ADVOCATE)
AND
1. CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA -2 COMMUNITY CENTRE
PREET VIHARA, NEW DELHI - 110 092
REPRESENTED BY ITS SECRETARY
2. CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE
OLD NO.1630-A, NEW NO.3
J-BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST
CHENNAI - 600040
REPRESENTED BY ITS REGIONAL OFFICER.
3. AKASH INTERNATIONAL RESIDENTIAL PUBLIC SCHOOL
NEAR KEMPEGOWDA INTERNATIONAL AIRPORT
PRASANNAHALLI ROAD, DEVANAHALLI
BENGALURU - 562 110
2
REPRESENTED BY ITS PRINCIPAL
...RESPONDENTS
(BY SRI.M.R.SHYLENDRA, ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT R1 AND R2 TO CORRECT THE DATE OF BIRTH OF
THE PETITIONER IN GRADE X MARKS CARD-ROLL
NO.4063323 AT ANNEXURE-D AS 24.12.2003 INSTEAD OF
24.08.2003 BY CONSIDERING THE APPLICATION SUBMITTED
BY THE R3 ALONG COVERING LETTER DATED 17..06.2020
VIDE ANNEXURE-G AND ISSUE CORRECTED MARKS CARD TO
THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In this petition, the petitioner has sought for the following relief:
" To issue a writ of Mandamus directing respondent No.1 and 2 to correct the date of birth of the petitioner in Grade X marks card - Roll No.4063323 at Annexure-D as 24.12.2003 instead of 24.08.2003 by considering the application submitted by the 3rd respondent along covering letter dated 17.06.2020 vide Annexure-G and issue corrected marks card to the petitioner".3
2. Heard learned counsel for the petitioner and also learned counsel for the respondents and perused the material on record.
3. Respondent No.3-School having been served with notice of the petition has chosen to remain absent. There is no representation and has not contested the petition.
4. The material on record discloses that the petitioner was born on 24.12.2003 as evidenced by the Aadhar Card and birth certificate, which shows the date of birth as 24.12.2003. Subsequently, the petitioner having joined respondent No.3-School in the year 2010, the school records including Transfer certificate indicates that the date of birth of the petitioner was 24.12.2003. After the petitioner completed her 10th grade for the academic year 2018-19, the petitioner was issued with Transfer certificate from respondent No.3 which correctly mentioned the date of birth as 24.12.2003, pursuant to which she took admission to the Pre-University College and having 4 completed the same, the petitioner has joined a professional course.
5. It is specific contention of the petitioner that only on 05.02.2020 she noticed a mistake in 10th grade marks card issued by respondent No.1-Board and she submitted an application to respondent No.3-School for correction of the date of birth in her 10th grade marks card which was forwarded by respondent No.3 to respondent No.2 in the prescribed format along with a covering letter. It is the grievance of the petitioner that despite the aforesaid facts and circumstances and documents that clearly establish the petitioner was born on 24.12.2003 and not on 24.08.2003 as mistakenly/wrongly shown in 10th grade marks card, respondent Nos.1 and 2 have not taken any steps to make necessary corrections in the 10th grade marks card and as such the petitioner is before this Court by way of present petition. In support of his contention learned counsel for petitioner relies upon the judgment passed by the Hon'ble Supreme Court in Civil 5 Appeal No.3905 of 2011- Jigya Yadav(Minor) vs. C.B.S.E and others'.
6. Per contra learned counsel for respondent Nos.1 and 2 on instructions submits that respondent Nos.1 and 2 have already requested respondent No.3-School to forward all relevant documents for the purpose of carrying out necessary corrections in the 10th grade marks card of the petitioner. It is further submitted that if the petitioner and respondent No.3-School were to produce all relevant documents, respondent Nos.1 and 2, would take necessary steps in this regard and carry out necessary corrections in accordance with law.
7. Submission of learned counsel for respondent Nos.1 and 2 is placed on record.
8. In the case of Jigya Yadav(Minor) vs. C.B.S.E and others' case, stated supra, in relation to a request for change of particulars in the certificate issued by respondent Nos.1 and 2-CBSE, the Apex Court has held as under:
6
"The first is where the incumbent wants "correction" in the certificate issued by the CBSE to be made consistent with the particulars mentioned in the school records. As we have held there is no reason for the CBSE to turn down such request or attach any precondition except reasonable period of limitation and keeping in mind the period for which the CBSE has to maintain its record under the extant regulations. While doing so, it can certainly insist for compliance of other conditions by the incumbent, such as, to file sworn affidavit making necessary declaration and to indemnify the CBSE from any claim against it by third party because of such correction. The CBSE would be justified in insisting for surrender/return of the original certificate (or duplicate original certificate, as the case may be) issued by it for replacing it with the fresh certificate to be issued after carrying out necessary corrections with caption/annotation against the changes carried out and the date of such correction. It may retain the original entries as it is except in respect of correction of name effected in exercise of right to be forgotten. The fresh certificate may also contain disclaimer that the 7 CBSE cannot be held responsible for the genuineness of the school records produced by the incumbent in support of the request to record correction in the original CBSE certificate. The CBSE can also insist for reasonable prescribed fees to be paid by the incumbent in lieu of administrative expenses for issuing fresh certificate. At the same time, the CBSE cannot impose precondition of applying for correction consistent with the school records only before publication of results. Such a condition, as we have held, would be unreasonable and excessive. We repeat that if the application for recording correction is based on the school records as it obtained at the time of publication of results and issue of certificate by the CBSE, it will be open to CBSE to provide for reasonable limitation period within which the application for recording correction in certificate issued by it may be entertained by it. However, if the request for recording change in based on changed school records post the publication of results and issue of certificate by the CBSE, the candidate would be entitled to apply for recording such a change within the reasonable limitation period prescribed by the CBSE. In 8 this situation, the candidate cannot claim that she had no knowledge about the change recorded in the school records because such a change would occur obviously at her instance. If she makes such application for correction of the school records, she is expected to apply to the CBSE immediately after the school records are modified and which ought to be done within a reasonable time. Indeed, it would be open to the CBSE to reject the application in the event the period for preservation of official records under the extant regulations had expired and no record of the candidate concerned is traceable or can be reconstructed. In the case of subsequent amendment of school records, that may occur due to different reasons including because of choice exercised by the candidate regarding change of name. To put it differently, request for recording of correction in the certificate issued by the CBSE to bring it in line with the school records of the incumbent need not be limited to application made prior to publication of examination results of the CBSE
171. As regards request for "change of particulars in the certificate issued by the 9 CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc., and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.
(a) Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be in the ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to 10 indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing Public Notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate 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) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption / annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten).
(b) However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/ declaration by a Court of law in 11 that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.
172. In light of the above, in exercise of our plenary jurisdiction, we direct the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paragraphs 170 and 171, as may be applicable, until amendment of relevant 12 Byelaws. Additionally, the CBSE shall take immediate steps to amend its relevant Byelaws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it.
173. Accordingly , we dispose of the cases before us with directions to the CBSE as noted in paragraphs 170 to 172 above.
No order as to costs."
9. In the light of the judgment of the Apex Court in case Jigya Yadav(Minor) vs. C.B.S.E and others' referred supra, I deem it just and appropriate to dispose of this petition directing the petitioner to submit all relevant documents to respondent Nos.1 and 2 within a period of two weeks from today. If such a representation, document etc., are submitted by the petitioner to respondent Nos.1 and 2, respondent Nos.1 and 2 shall address the grievance of the petitioner and take necessary steps to effect change of date of birth in the 10th grade marks card in accordance with law within a period of 4 weeks thereafter. 13
Subject to the aforesaid directions, the Writ Petition stands disposed of.
Sd/-
JUDGE GVP