Allowed

Saju S. Sasidharan v. State of Kerala

Kerala HC17 Jan 2007WP(C)/18505/2006

Case brief

AI extract

What is this about?

The High Court allowed a writ petition directing the National Institute of Open Schooling to correct the petitioner's date of birth in his school certificates (Exts. P3-P5) from 18.5.1986 to 18.11.1984, based on his birth certificate and passport. The court ordered corrections within two weeks upon submission of attested documents and a proper application.

What did the court decide?

Directing respondents 3 and 4 to correct petitioner's date of birth in Exts. P3-P5 as 18.11.1984 based on attested copies of Birth Certificate and Passport, to be done within two weeks.

Saju S. Sasidharan Vs State of Kerala — Education and Admissions | Kerala HC (2007)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR

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WEDNESDAY, THE 17TH JANUARY 2007 / 27TH PAUSHA 1928

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WP(C).No. 18505 of 2006(C) ---------------------------------------

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PETITIONER:

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

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SAJU. S. SASIDHARAN, AGED 22 YEARS, S/O SHRI.S. SASIDHARAN, RESIDING AT SASI VILASOM, VENKULAM, EDAVA P.O., VARKALA, TRIVANDRUM DISTRICT.

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BY ADV. SRI.R.PUSHPANGATHAN PILLAI

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RESPONDENTS:

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

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA.

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2. THE JOINT COMMISSIONER FOR GOVERNMENT EXAMINATIONS, TRIVANDRUM.

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3. THE REGIONAL HEAD, NATIONAL INSTITUTE OF OPEN SCHOOLING 10-1-H, DIOMOND HARBOUR ROAD, CALCUTTA.

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4. THE DIRECTOR, NATIONAL INSTITUTE OF OPEN SCHOOLING A-38, KAILASH COLONY, NEW DELHI.

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BY ADV. SRI.JOHN VARGHESE(ASST.SG) SRI.T.K.VENUGOPALAN SRI. AJITH KRISHNAN, ADDL.CGSC BY GOVT.PLEADER SMT. N. SUDHADEVI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC.NO.18505/2006 C

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1:	COPY OF THE RELEVANT PAGE OF PETITIONER'S PASSPORT IS VALID FROM 21/06/2001 TO 20/06/2011.
EXT.P2:	COPY OF FAILED CERTIFICATE ISSUED BY THE GNERAL EDUCATION DEPARTMENT TO THE PETITIONER (S.S.L.C.) DTD. MARCH, 2001.
EXT.P3:	COPY OF THE PROVISIONAL CERTIFICATE DTD. 28/07/2004 ISSUED BY THE 4TH RESPONDENT.
EXT.P4:	COPY OF THE MARKS STATEMENT DTD. 28/07/2004.
EXT.P5:	COPY OF THE MIGRATION CERTIFICATE DTD. 28/07/2004.
EXT.P6:	COPY OF THE CERTIFICATE OF BIRTH DTD. 19/12/1984 ISSUED BY THE DEPARTMENT OF VARKALA MUNICIPALITY.
EXT.P7:	COPY OF THE AFFIDAVIT DTD. 26/07/2005, SWORN BY THE MOTHER OF THE PETITIONER.
EXT.P8:	COPY OF THE SANCTION ORDER DTD. 28/06/2005 OF THE JOINT COMMISSIONER OF GOVT.EXAMINATIONS.
EXT.P9 SER	IES:COPIES OF THE APPLICATION AND THE AUTHORISATION LETTER DTD. NIL, ADDRESSED TO 3RD RESPONDENT.
EXT.P10:	COPY OF THE REPRESENTATION DTD.NIL BEFORE 4TH RESPONDENT DTD. NIL.
EXT.P11:	COPY OF THE REPRESENTATION DTD. NILBEFORE THE 4TH RESPONDENT DTD.NIL.

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/TRUE COPY/

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Kss

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C.N.RAMACHANDRAN NAIR, J.

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.................................................................... W.P.(C) No.18505 of 2006

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.................................................................... Dated this the 17th day of January, 2007.

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JUDGMENT

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Heard counsel for petitioner and Standing Counsel for respondents 3 and 4. The prayer is only for direction to respondents 3 and 4 to correct Exts.P3, P4 and P5 which are school certificates containing petitioner's date of birth. The petitioner has produced copy of the Birth Certificate and Passport which show that the actual date of birth of the petitioner is 18.11.1984 as against which date of birth shown as 18.5.1986 in Exts.P3 to P5. Obviously the school records call for correction because the Birth Certificate is authentic in regard to date of birth of a person, more so when

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it is incorporated in the Passport. Standing Counsel submitted that petitioner has not made a proper application and originals or true copies of the Birth Certificate or Passport are not surrendered before respondents 3 and 4. It is seen that second respondent has also authorised correction vide Ext.P8 proceedings. In the circumstances, W.P. is allowed directing respondents 3 and 4 to correct date of birth of the petitioner in Exts.P3 to P5 as 18.11.1984 based on attested true copies of Birth Certificate and Passport

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to be furnished by the petitioner along with a proper application before

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respondents 3 and 4 with copy of this judgment and Ext.P8 proceedings. Correction should be carried out and corrected copy should be sent to the petitioner within two weeks from the date of receipt of the above documents. Attestation of the original should b done by a Gazetted Officer in Government.

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C.N.RAMACHANDRAN NAIR Judge

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pms

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Saju S. Sasidharan v. State of Kerala

Case brief

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Saju S. Sasidharan v. State of Kerala

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