Kerala High Court
Vaisakh U.S vs Central Board Of Secondary Education
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 22ND DAY OF JULY 2014/31ST ASHADHA, 1936
WP(C).No. 16707 of 2014 (K)
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PETITIONER :
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VAISAKH U.S.
S/O. LATE DR. E.P.UNNIKRISHNAN, SRIRAG, PANGODU,
PUTHUKODU P.O., RAMANATTUKARA, MALAPPURAM,
NOW RESIDING AT MULLASSERY BHAVAN, KOCHULLOOR,
MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
BY ADV. SRI.SHAJIN S.HAMEED
RESPONDENTS :
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1. CENTRAL BOARD OF SECONDARY EDUCATION,
REPRESENTED BY ITS DEPUTY SECRETARY, REGIONAL OFFICE
NEW NO. 3, 'J' BLOCK, ANNA NAGAR WEST
CHENNAI, PIN CODE-600040.
2. THE PRINCIPAL
BHARATIYA VIDYA BHAVAN, SENIOR SECONDARY SCHOOL,
KODUNGANOOR P.O., THIRUVANANTHAPURAM, PIN CODE-695013.
R1 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE
R2 BY ADVS. SRI.R.S.KALKURA
SRI.M.S.KALESH
SMT.A.V.PRIYA
SRI.HARISH GOPINATH
SMT.R.BINDU
SRI.SANIL KUNJACHAN
SMT.M.K.LEELAKUMARI
SRI.JOHNSON JOSE PANJIKKARAN
SRI.K.KURIAN KOSHY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-07-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
BP
WP(C).No. 16707 of 2014 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1: PHOTOCOPY OF THE APPLICATION FOR ADMISSION ISSUED FROM
THE BHARATIYA VIDYA BHAVAN, ENGLISH MEDIUM SCHOOL,
RAMANATTUKARA.
EXHIBIT P2: PHOTOCOPY OF THE MARKS STATEMENT ISSUED BY CENTRAL
BOARD OF SECONDARY EDUCATION.
EXHIBIT P3: PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED BY REGISTRAR OF
BIRTHS AND DEATHS, CORPORATION OF THIRUVANANTHAPURAM.
EXHIBIT P4: PHOTOCOPY OF THE MEMO DATED 09-08-2012 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P5: PHOTOCOPY OF THE LETTER DATED 19-07-2012 ISSUED BY THE 2ND
RESPONDENT WITHOUT ENCLOUSURES.
EXHIBIT P6: PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE CHIEF MEDICAL
OFFICER, G.G.HOSPITAL, MEDICAL COLLEGE P.O.,
THIRUVANANTHAPURAM.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
BP
A.MUHAMED MUSTAQUE, J.
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W.P.(C).No.16707 of 2014
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Dated this the 22nd day of July, 2014
J U D G M E N T
Petitioner has approached this Court seeking a direction to the second respondent to correct the date of birth of the petitioner in the school records and forward the same to the first respondent for effecting simultaneous correction in Ext.P2 marklist and other credentials issued by the Central Board of Secondary Education in the light of Ext.P3 birth certificate. The school authorities are relying on the birth certificate issued to the father of the petitioner while rejecting the application. That copy of the birth certificate is made available before this Court for perusal. It is seen that, therein the date of birth of the petitioner is noted as 21/11/1995, whereas Ext.P3 birth certificate now relied on by the petitioner would indicate that the date of birth of the petitioner is 21/11/1994. The birth certificate relied on by the school authorities is a certified copy. Necessarily, there is a possibility of creeping mistake in such certificate. It appears that this is a mistake by comparing with Ext.P3.
2. The matter is covered by the judgment of this Court in Sreeraj Nath v. Central Board of Secondary Education, Chennai [2013 KHC 2724 = 2013 (2) KLT 430] wherein this Court held that it is for the school authorities to make initial correction and thereafter forward W.P.(C).No.16707/2014 -:2:- the same to the CBSE for making corrections in the certificate and further that bar of five years will not stand in the way of causing date of birth corrected in genuine cases.
3. Since the petitioner is relying on Ext.P3, I am of the view, the request of the petitioner shall be considered by the school authorities with reference to Ext.P3. Therefore, Ext.P5 is set aside. There shall be a direction to the second respondent to carry out necessary changes in the school records of the petitioner based on Ext.P3. This shall be done within a period of two weeks. The second respondent shall thereafter forward the corrected school records of the petitioner to the first respondent for effecting necessary changes in Ext.P2 and other credentials issued by the CBSE. Needful shall be done by the first respondent within a further period of six weeks. It is open to the petitioner to produce authenticated copy of the birth certificate before respondents along with a copy of this judgment.
The writ petition is disposed of as above. No costs.
A.MUHAMED MUSTAQUE, JUDGE ms