Allowed

Lal Krishna M.S. v. Central Board of Secondary Education

Kerala HC19 Nov 2009WP(C)/31875/2009

Case brief

AI extract

What is this about?

Petitioner challenged discrepancy in his date of birth in CBSE pass certificate versus birth certificate. Court allowed petition directing CBSE and school to correct records based on registered date of birth.

What did the court decide?

Direction to Regional Officer of CBSE to issue revised pass certificate and mark statement with petitioner's registered date of birth within two weeks.

Lal Krishna M.S. Vs Central Board of Secondary… — Education and Admissions | Kerala HC (2009)

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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 P.N.RAVINDRAN

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THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931

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WP(C).No. 31875 of 2009(D)

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

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PETITIONER:

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

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LAL KRISHNA.M.S., S/O. MOHANKUMAR SREE SAILAM, TC 64/944, ANTHIVILAKATHU KARUMOM.P.O. THIRUVANANTHAPURAM.

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BY ADV. SRI.G.SUDHEER (KARAKONAM).

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RESPONDENTS:

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

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1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY CONTROLLER OF EXAMINATIONS, NEW DELHI.

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2. THE JOINT SECRETARY, CBSE, REGIONAL OFFICE, PLOT.NO.1630-H, 'J' BLOCK, ANNA NAGAR (WEST) CHENNAI-40.

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3. THE PRINCIPAL, AMRITHA VIDYALAYA, KAIMANAM, THIRUVANANTHAPURAM.

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R1 BY ADV. MR.RAMAPRASAD UNNI.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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prv.

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P.N.RAVINDRAN,J.

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W.P.(C) No. 31875 of 2009 - D

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Dated 19^th November, 2009

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Judgment

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Heard Sri.G.Sudheer, the learned counsel appearing for the petitioner and Sri.T.Ramaprasad Unni, the learned standing counsel appearing for the Central Board of Secondary Education.

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The petitioner appeared for the All India Secondary School Examination, 2005 conducted by the Central Board of Secondary Education after undergoing a regular course of study in Saraswathi Vidyala, Vattiyoorkavu. In the school records and in the pass certificate issued to the petitioner, his date of birth is entered as 16.8.1989. According to the petitioner, he was born on 17.8.1988 and his birth was registered by the Registrar of Births and Deaths, Thiruvananthapuram Corporation. Reliance is placed on Ext.P1 birth certificate in support of the said contention. After he passed the All India Senior Secondary School Examination, that is the twelfth standard, he moved the third respondent Principal seeking correction of his date of birth in the school records and in the pass certificate. The Principal declined to act on the said application.

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W.P.(C) No.31875/2009

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-2-

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Hence, this writ petition seeking a writ in the nature of mandamus directing the respondents to correct the petitioner's date of birth in the school records and in Ext.P5 pass certificate in accordance with the date of birth entered in Ext.P1 birth certificate.

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It is now brought to my notice that the Central Board of Secondary Education has decided to amend its Regulations and to permit correction of date of birth in the pass certificate even after expiry of two years from the date of publication of the results in cases where the birth has been registered by the local authority under the provisions of the Registration of Births and Deaths Act, 1969. In such circumstances, as the petitioner's date of birth has admittedly been registered, he is entitled to have the date of birth entered in the school records and in Ext.P5 pass certificate corrected.

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I accordingly dispose of this writ petition with a direction that in the event of the petitioner surrendering the originals of Exts.P5 pass certificate and the mark statement before the Regional Officer of the Central Board of Secondary Education at Chennai, the said officer shall within two weeks from the date on which the petitioner surrenders the originals thereof issue a revised pass certificate and mark statement to him containing the date of birth in Ext.P1 birth

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W.P.(C) No.31875/2009 -3-

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certificate. The third respondent shall thereupon carry out the necessary corrections in the school records.

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P.N.RAVINDRAN Judge

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vaa

Lal Krishna M.S. v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Lal Krishna M.S. v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

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