Kerala High Court
Aparna Rajendran vs The Central Board Of Secondary ... on 17 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 17TH DAY OF JANUARY 2020 / 27TH POUSHA, 1941
WP(C).No.32465 OF 2019(G)
PETITIONER :-
APARNA RAJENDRAN, D/O.RAJENDRAN,
VETTIKOMBIL HOUSE, KANNIMALA P.O,
KAYYUNNI, PIN - 686 509, KOTTAYAM DISTRICT.
BY ADVS.
SRI.SURIN GEORGE IPE
SHRI.SREEDEV U
RESPONDENTS :-
1 THE CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA,
2 COMMUNITY CENTRE, PREET VIHAR,
NEW DELHI - 110 092.
2 THE CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICE, NEW PLOT NO. 3 (OLD PLOT NO.
1630A (J BLOCK) ANNA NAGAR (WEST),
CHENNAI - 600 040, TAMIL NADU,
REPRESENTED BY ITS ASSISTANT SECRETARY.
3 THE REGIONAL OFFICER,
CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR,
BLOCK B LIC DIVISIONAL OFFICE CAMPUS, PATTOM,
THIRUVANANTHAPURAM - 685 004.
4 LITTLE FLOWER PUBLIC SCHOOL,
KOLLAMULA, MUKKOOTTUTHARA POST,
PATHANAMTHITTA DIST, KERALA, PATHANAMTHITTA,
KERALA - 686 510 REPRESENTED BY ITS PRINCIPAL.
BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.32465 OF 2019(G)
-: 2 :-
JUDGMENT
Dated this the 17th day of January 2020 The petitioner has approached this Court seeking the following prayers:-
"i) to issue a writ of certiorari calling for the records leading to the issuance of Ext.P3 and quash the same;
ii) to issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to reconsider the application submitted by the petitioner for correcting the name of the parents in Ext. P-1 certificate and to carry out necessary corrections in the school records of the petitioner, in accordance with the directions contained in Subin Mohammed's case (2016 (1)KLT 340)."
2. By Ext.P3, it has been stated that the representation preferred by the petitioner for change of name of petitioner's parents in the Secondary School Certificate is rejected since there is a delay in representing the case within the stipulated period and the request is time barred.
3. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the CBSE.
4. It is submitted by the learned counsel for the petitioner that the rejection of the request for correction of name of parents would cause substantial prejudice to the petitioner in her future WP(C).No.32465 OF 2019(G) -: 3 :- life and career. I am of the opinion that the request made by the petitioner for correction of the Secondary School certificate will be liable to be allowed in accordance with law.
5. The issue with respect to a belated application for correction of the certificate was considered by this Court in Subin Mohammed Vs. Union of India [2016 (1) KLT 340] and it was held that correction is possible in respect of the entries in the mark sheet and imposed a cost of Rs.5,000/- consequent to the delay in submitting the application. I am of the opinion that the same yardstick can be adopted in this case as well.
6. In the above view of the matter, there will be a direction to the 4rd respondent to carry out necessary corrections in the school records, with respect to the name of the petitioner's parents, taking into account Ext.P2 birth certificate and forward the corrected copy of the school register duly certified to the 2 nd respondent, within three weeks from the date of receipt of a copy of this judgment. On receipt of the same, the 2 nd respondent shall reconsider the application submitted by the petitioner within a further period of six weeks. The petitioner shall remit an amount of Rs.5,000/- at the earliest possible time, at any rate, within three weeks from the date of receipt of a copy of this judgment. In order WP(C).No.32465 OF 2019(G) -: 4 :- to enable the respondents to proceed in accordance with law, Ext.P3 will stand quashed.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SR WP(C).No.32465 OF 2019(G) -: 5 :- APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE DATED 31-05-2011.
EXHIBIT P2 THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, PARATHODU GRAMA PANCHAYAT.
EXHIBIT P3 A TRUE COPY OF THE COMMUNICATION NO.
RO(M)/CORRN/REJ/2018/11748 DATED 19-02-2019 ISSUED TO THE 4TH RESPONDENT BY THE 2ND RESPONDENT.
//TRUE COPY// P.A. TO JUDGE