Disposed

Priyanka Jacob v. the Central Board of Secondary Education

Kerala HC21 Nov 2013WP(C)/16707/2012

Case brief

AI extract

What is this about?

This pseudo-judgment/index entry details the exhibits and facts regarding a writ petition by a student seeking correction of her date of birth in school records. It lists parties, exhibits, and cites a prior decision. The court disposed of the petition by directing the petitioner to produce copies and did not rule on the substantive merits of the date of birth correction request.

What did the court decide?

Petitioner directed to produce judgment and petition copies before respondents for further steps.

Priyanka Jacob Vs the Central Board of Secondary… — Education and Admissions | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

THURSDAY, THE 21ST DAY OF NOVEMBER 2013/30TH KARTHIKA, 1935

¶5

WP(C).No. 16707 of 2012

¶6

PETITIONER:-

¶7

PRIYANKA JACOB, AGED 24 YEARS, D/O.MARSDON.L.JACOB, PRABHATH HOUSE GOVERNMENT HOSPITAL ROAD, TRIPUNITHURA-682 301.

¶8

BY ADVS.SRI.ABRAHAM P.GEORGE SRI.K.VINODKUMAR (707/89) SMT.M.SANTHY

¶9

RESPONDENTS:-

¶10

1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3 (OLD PLOT NO.1630 A) J BLOCK, ANNA NAGAR WEST, CHANNAI-40, REPRESENTED BY DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,NEW PLOT NO.3,(OLD PLOT NO. 1630 A) J BLOCK,ANNA NAGAR,WEST,CHENNAI-40.

¶11

2. THE PRINCIPAL

¶12

BHAVAN'S VIDYA MANDIR, EROOR WEST, TRIPUNITHURA ERNAKULAM DISTRICT-682 306.23

¶13

R2 BY ADVS. SRI.K.I.MAYANKUTTY MATHER SRI.P.P.RAMACHANDRAN R1 BY SRI.DEVAN RAMACHANDRAN (S.C )

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

¶15

KKS

¶16

W.P.(C) NO. 16707 OF 2012

¶17

APPENDIX

¶18

PETITIONERE'S EXHIBITS:-

¶19

EXHIBIT P1:THE TRUE COPY OF THE MARKS STATEMENT ISSUED TO PETITIONERE IN SECONDARY SCHOOL EXAMINATION 2005.

¶20

EXHIBIT P2: TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER FROM THE THIRUVANANTHAPURAM CORPORATION.

¶21

EXHIBIT P3: TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.6.2012.

¶22

EXHIBIT P4: TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

¶23

EXHIBIT P5: TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER.

//TRUE COPY//

P.A.TO.JUDGE.

KKS

P.R.RAMACHANDRA MENON, J.

¶28

¶29

W.P.(c) No.16707 OF 2012

¶30

¶31

Dated this the 21^st day of November, 2013

¶32

JUDGMENT

¶33

The petitioner was a student of the second respondent's school,

¶34

whose date of birth happened to be incorporated as 6/12/1989 in the school records instead of the actual date of birth of '6/12/1988', as

¶35

discernible from Ext.P2 Birth Certificate issued by the competent

¶36

authority. The case of the petitioner is that, she came across the defective date of birth only much later and immediately she approached

¶37

the respondents seeking to have the date of birth corrected in the relevant records, but the same was not considered by the respondents. Hence the writ petition.

¶38

The learned standing counsel for the first respondent submits that, by virtue of the Bye-laws of the C.B.S.E, the petitioner

¶39

has to approach the school authorities and get his school records corrected showing the actual date of birth as '6/12/1988'. Thereafter,

¶40

the application has to be got forwarded along with the corrected date of

¶41

W.P.(C)No.16707/2012

¶42

¶43

birth as certified by the school authorities to the first respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner.

¶44

The learned counsel for the petitioner submits that the entire studies from Standard I to XII were completed by the petitioner in the second respondent's school. In the above circumstances, the petitioner is left to approach the second respondent and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the first respondent as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and finalised by the first respondent 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' (which is now stated as enhanced to 'five' years) 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 after verification with the Local Authority, if necessary, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a

¶45

W.P.(C)No.16707/2012

¶46

¶47

copy of the proceedings as aforesaid.

¶48

The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the concerned respondent for further

¶49

steps. The writ petition is disposed of as above.

¶50

P.R.RAMACHANDRA MENON JUDGE

¶51

sv.

¶52

W.P.(C)No.16707/2012 4

¶53

W.P.(C)No.16707/2012

¶54

¶55

P.R.RAMACHANDRA MENON JUDGE

¶56

W.P.(C)No.16707/2012

¶57

¶58

sv.

Priyanka Jacob v. the Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Priyanka Jacob v. the Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Vipin Das P.V. Vs Central Board of Secondary Education (Cbse)

Assan Koya Vs the Secretary to Government

P.R.Sethu Vs the Revenue Divisional Officer

Manager, Corporate Management of Csi Vs Bindu Mathew

Biju Prasad P. Vs the Chief Gneral Manager, BSNL

S.Saji Vs the Deputy Commissioner (Appeals)