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Asban John Pious v. the Principal Jawahar Navodaya Vidyalaya Kottarakkara

Kerala HC17 Jan 2012WP(C)/493/2012

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of a date of birth correction request by the Jawahar Navodaya Vidyalaya and CBSE, citing delay beyond bye-law stipulations. The Court held that statutory non-feasance prevails over guidelines and directed correction based on documentary proof.

What did the court decide?

Respondents directed to consider correction of date of birth based on documentary evidence without applying the time limit prescribed in the Board's bye-laws.

Asban John Pious Vs the Principal Jawahar Navodaya… — Education and Admissions | Kerala HC (2012)

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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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TUESDAY, THE 17TH DAY OF JANUARY 2012/27TH POUSHA 1933

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WPC.No. 493 of 2012 (J)

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PETITIONER(S):

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ASBAN JOHN PIOUS

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S/O.PIOUS JOHN,RESIDING AT PLINROSA DIVYANAGAR HSC 49, PATTATHANAM PO, KOLLAM 691 021.

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BY ADV. SRI.M.R.RAJESH

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RESPONDENT(S):

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1. THE PRINCIPAL , JAWAHAR NAVODAYA VIDYALAYA ETC POST, KOTTARAKKARA KOLLAM,PIN 691 021.

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2. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY THE SECRETARY,NEW DELHI 110 001.

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3. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI 110 001.

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4. THE JOINT SECRETARY, CENTRAL BOARDS OF SECONDARY EDUCATION REGIONAL OFFICE, 1630A, J BLOCK ANNA NAGAR, WEST CHENNAI,PIN 600 040.

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BY ADV. SRI. DEVAN RAMACHANDRAN, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO. 493/2012

APPENDIX

PETITIONER(S) EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE EXTRACT OF CERTIFICATE OF BIRTH ISSUED BY THE SANITARY INSPECTION CUM REGISTRAR OF BIRTH AND DEATH, CORPORATIN OF MADHURAI DATED 11/11/1988.

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EXHIBIT P2 TRUE COPY OF STATEMENT OF MARKS ISSUED BY THE 3RD RESPONDENT

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EXHIBIT P3 TRUE COPY OF PASSPORT OF THE PETITIONER EXHIBIT P4 TRUE COPY OF VISA ISSUED BY THE STATE OF KUWAIT. EXHIBIT P5 TRUE COPY OF THE INTIMATION DATED 22/12/2011 OF THE IST RESPONDENT

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RESPONDENTS' EXHIBITS

NIL

// TRUE COPY //

P.A. TO JUDGE

S.SIRI JAGAN, J.

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W.P.(C).No. 493 of 2012

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==================

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Dated this the 17^th day of January, 2012

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J U D G M E N T

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The petitioner completed B.Tech Degree in Architectural Engineering from the College of Engineering, Thiruvananthapuram. He had his schooling in the Jawahar Navodaya Vidyalaya, Kottarakkara in Kollam district. The petitioner's date of birth is 4.11.1988. But in the school records and the certificates issued by the Central Board of Secondary Education it is erroneously shown as 31.5.1989. The petitioner applied for correction of the date of birth in the school records and the certificates issued by the CBSE. That is rejected on the ground that the petitioner applied for correction of date of birth beyond the period stipulated in the bye-laws of the Board. The petitioner seeks the following reliefs;

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'i) issue a writ of mandamus order or direction commanding the 1^st respondent to carry out corrections of the date of birth of petitioner in the School register of petitioner at Jawahar Navodaya Vidyalaya, Kottarakkara, Kollam District and to forward the corrected records to the respondents 2 to 4 for necessary correction on Ext.P2 based on Ext.P1 as 4.11.1988 instead of 31.5.1989.

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ii) issue a writ of mandamus order or direction to the respondents 1 to 3 to carry out correction of date of birth of petitioner in the School records 4.11.1988 instead of 31.5.1989 based on Ext.P1 after correction of the date of birth of petitioner in the School records of 1^st respondent.

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iii) issue a writ of certiorari order or direction and call for the records leading to Exhibit P5 and quash the same.”

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w.p.c.493/12 - : 2 :-

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I have heard the learned Standing Counsel for respondents 2 and 4 also.

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In other similar cases, I have already held that insofar as the bye-laws are not statutory, the stipulations therein are only in the nature of guidelines. In this case, simply because the petitioner failed to note the mistake in the date of birth before the time stipulated in the bye-laws, I do not think that the petitioner can be asked to be content with the mistaken date of birth in his certificates where there is evidence to prove his correct date of birth. Further, he may find it difficult to explain the discrepancy in the original records and the school records in the event he has to go abroad. In the above circumstances, I am satisfied that the respondents are bound to consider the claim of the petitioner for correction of date of birth on the basis of the records produced by the petitioner. Accordingly, this writ petition is disposed of with the following directions:

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The 1^st respondent shall forward the application for correction of date of birth submitted by the petitioner, to the 4^th respondent within two weeks from the date of receipt of a certified copy of this judgment. The 4^th respondent shall consider the claim of the petitioner for correction of his date of birth without reference to any limitation prescribed in the bye-laws for applying for correction of date of birth, on the basis of the documents produced by the petitioner to prove his

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w.p.c.493/12 - : 3 :-

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correct date of birth and pass appropriate orders thereon, as expeditiously as possible, at any rate, within six weeks from the date of receipt of the application from the 1^st respondent. It would be open to the 4^th respondent to direct the 1^st respondent to make the correction in the school records of the petitioner, which the 1^st respondent shall comply with promptly.

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sdk+

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Sd/S.SIRI JAGAN, JUDGE

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///True copy///

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P.A. to Judge

Asban John Pious v. the Principal Jawahar Navodaya Vidyalaya Kottarakkara

Case brief

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Asban John Pious v. the Principal Jawahar Navodaya Vidyalaya Kottarakkara

Case brief

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