Dismissed

Jaison James Mathews v. Central Board of Secondary Education

Kerala HC21 May 2008WP(C)/2275/2008

Case brief

AI extract

What is this about?

Petitioner sought direction to Central Board of Secondary Education to update his school certificate with a new name gazetted after admission. Court held no error existed in original entry and dismissed the petition, directing use of gazette copy with certificate.

What did the court decide?

No. Petitioner to carry gazette copy with certificate; no change in school records ordered.

Jaison James Mathews Vs Central Board of Secondary… — Education and Admissions | Kerala HC (2008)

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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 S.SIRI JAGAN

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WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930

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WP(C).No. 2275 of 2008(U)

PETITIONER:

JAISON JAMES MATHEWS, AGED 21 YEARS, (FORMERLY JISS JAMES MATHEW) S/O.JAMES MATHEW, RESIDING AT PALAMOOTTIL HOUSE, THELLAKOM POST, KOTTAYAM - 686 016.

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BY ADV. SRI.T.M.RAMAN KARTHA

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RESPONDENTS:

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CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3 (OLD NO.1630-A) J BLOCK, 16 MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600 040, REPRESENTED BY ITS SECRETARY.

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THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3(OLD NO.1630-A) J BLOCK, 16 MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600 040.

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BY ADV. SRI.DEVAN RAMACHANDRAN FOR R.1

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SMT.T.G.SEETHAL FOR R.1

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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S.SIRI JAGAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 2275 OF 2008

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= = = = = = = = = = = = = Dated this the 21^st day of May, 2008.

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J U D G M E N T

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The petitioner seeks a direction to the respondents to correct his name in his CBSE school certificate. The contention of the petitioner is that subsequent to admission in the school, the petitioner has, by publication in the official gazette changed his name from 'Jiss James Mathew' to 'Jaison James Mathews', and submitted an application before the respondents for change of name in the school certificate also. According to the petitioner the respondents are bound to make the correction and incorporate his new name in the school certificate.

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Petitioner, relying on the decision of the High Court of Delhi in W.P.(C).No. 15521/06, an ordinary copy of which is made available to me by the counsel for the petitioner at the time of arguments, contends that the rules of the respondents contemplate incorporation of subsequently changed name of the petitioner also in the school certificate.

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W.P.(C).No. 2275 OF 2008

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I have considered the arguments of the learned counsel for the petitioner and also heard the standing counsel for the respondents.

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It is not disputed before me that what the petitioner wants is not the correction or any mistake in the name entered in the certificate of the petitioner. What he wants is to change the name in the certificate in tune with the name he has subsequently adopted by publication in the official gazette. He also submits that he has already got his name changed in the passport which is a US passport, since the petitioner is a US citizen. I am of the opinion that every time the petitioner decides to change his name by publication in the official gazette, the school authorities cannot be expected to change the name in the school records also. Admittedly, at the time when petitioner joined the school his name was correctly entered in the school records. What the petitioner is expected to do in the present situation is to carry a copy of the gazette containing the notification of change in name along with the school certificate or paste a copy of the gazette notification in the school certificate. In so far as the respondents or the school authorities have not

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W.P.(C).No. 2275 OF 2008

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made any mistake in the matter and the petitioner's name has not been wrongly entered in the school register or in the certificate, the respondents cannot be directed to correct the certificate. In any event the name has been entered in the certificate in accordance with the school records and the petitioner has no prayer to incorporate the new name in the school records. Nor has the school authorities been made a party to the writ petition. I do not agree with the decision of the Delhi High Court in the matter even assuming that the two cases are similar. In the above circumstances, I am not inclined to grant the reliefs prayed for in the writ petition. Accordingly, the writ petition is dismissed.

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S.SIRI JAGAN, JUDGE

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bkn/-

Jaison James Mathews v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Jaison James Mathews v. Central Board of Secondary Education

Case brief

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