Disposed

Sachin Keshavan v. the Regional Officer

Kerala HC22 Oct 2013WP(C)/15117/2013

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought correction of his date of birth in school records affected by a clerical error. The court directed him to approach the school and forwarding the corrected records to the C.B.S.E., noting the two-year bar does not apply to genuine mistakes.

What did the court decide?

Petitioner directed to approach the school to correct records and forward to the C.B.S.E. The writ petition is disposed of in these terms.

Sachin Keshavan Vs the Regional Officer — Education and Admissions | Kerala HC (2013)

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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.R.RAMACHANDRA MENON

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TUESDAY, THE 22ND DAY OF OCTOBER 2013/30TH ASWINA, 1935

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WP(C).No. 15117 of 2013 (L)

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PETITIONER

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SACHIN KESHAVAN

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S/O.I.K.KESHAVAN VAZHUNNAVAR, SREEVLASAM PUTHIYAVALAPPU, MELANGOT, P.O.KANHAGAD PIN-671 315.

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BY ADVS.SRI.T.K.VIPINDAS

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SMT.P.K.PRIYA

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SRI.K.V.SREEVINAYAKAN SRI.K.M.MUHAMMED HUSSAIN

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RESPONDENT(S):

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1. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, NO.3, J BLOCK 16, ANNA NAGAR (WEST), CHENNAI - 600 040.

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2. THE PRINCIPAL, CHINMAYA VIDYALAYA, ATHIYAMBUR, KANHANGAD- 671315.

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3. THE PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE- 673001

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R1 BY ADV.SRI.DEVAN RAMACHANDRAN R2 BY ADV. SRI.SURESH KUMAR KODOTH R3 BY SRI.P.PARAMESWARAN NAIR,ASST.S.G. OF INDIA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rmm

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WP(C).No. 15117 of 2013 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: THE TRUE COPY OF THE PETITIONER'S MARKS STATEMENT ISSUED BY CBSE DATED 28.5.2007.

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EXHIBIT P2: THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE KANHANGAD MUNICIPALITY.

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EXHIBIT P3: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE

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PETITIONER DATED 2.4.2013.

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EXHIBIT P4: TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 3.4.2013.

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EXHIBIT P5: THE TRUE COPY OF RELEVANT PORTION OF THE BYE-LAWS.

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EXHIBIT P6: THE TRUE COPY OF THE JUDGMENT DATED 9.3.2010 IN W.P.(C)4494/10 OF THIS HONOURABLE COURT.

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RESPONDENT(S)' EXHIBITS

NIL

//True Copy//

PA to JUDGE

rmm

P.R. RAMACHANDRA MENON J.

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Dated, this the 22^nd day of October, 2013

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JUDGMENT

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The petitioner is stated as aggrieved of the inadvertant mistake which has crept in the school records/certificates showing the date of birth of the petitioner as 04.06.1992 in place of '02.11.1991' .

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The learned counsel for the petitioner submits that, eventhough the petitioner has approached the school authorities/respondent No.3 along with a copy of the birth certificate (produced as Ext.P2), wherein, the date of birth has been correctly given as '02.11.1991' it has not given any result; which made the petitioner to approach this Court seeking for appropriate reliefs.

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The learned standing counsel for the C.B.S.E. submits that, by virtue of the mandate under the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get his school records corrected showing the actual date of birth as '02.11.1991' . Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the first respondent/competent authority, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner.

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W.P.(C) No. 15117 of 2013

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: 2 :

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In the above circumstances, the petitioner is left to approach the 2^nd respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the first respondent/competent authority as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the first respondent/competent authority in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008 holding that the bar of 'two years' (now stated as five years) as referred to in the 'Bye law' will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall be passed by the first respondent/competent authority, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of the proceedings as aforesaid.

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The petitioner shall produce a copy of this judgment along with copy of the writ petition before the 2^nd respondent for further steps.

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The writ petition is disposed of as above.

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Sd/-

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P. R. RAMACHANDRA MENON, (JUDGE)

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kmd

Sachin Keshavan v. the Regional Officer

Case brief

What is this about?

What did the court decide?

Sachin Keshavan v. the Regional Officer

Case brief

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What did the court decide?

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