Dismissed

Anuraj G.R. v. Central Boad of Secondary Education

Kerala HC28 Oct 2013WP(C)/17566/2013

Case brief

AI extract

What is this about?

This petition challenges a date of birth error in school records. The Court held that the petitioner must first approach the school authorities to correct records based on the birth certificate, then the certification body, before approaching the CBSE, and directed expeditious action within three months.

What did the court decide?

Petitioner directed to approach 4th respondent; 3rd respondent to correct records and forward application within three months.

Anuraj G.R. Vs Central Boad of Secondary Education — 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

MONDAY, THE 28TH DAY OF OCTOBER 2013/6TH KARTHIKA, 1935

¶5

WP(C).No. 17566 of 2013 (U)

¶6

PETITIONER :

¶7

ANJURAJ G.R.,

¶8

D/O.GEETHA DEVIAMMA, KARTHIKA BHAVAN, SASTHAMKONAM, PUNALUR, KOLLAM DISTRICT.

¶9

BY ADV. SRI.ANCHAL C.VIJAYAN

¶10

RESPONDENTS :

¶11

CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, COMMUNITY CENTRE, PREETHI VIHAR, DELHI, PIN-110 092.

¶12

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE NO.III, J BLOCK, ANNA NAGAR, CHENNAI-600 040 REPRESENTED BY THE DEPUTY SECRETARY.

¶13

THE PRINCIPAL, SABARIGIRI SENIOR SECONDARY SCHOOL, THOLICODU P.O., PUNALUR, KOLLAM DISTRICT, PIN-691 333.

¶14

ADDL.R4. IMPLEADED:

¶15

ADDL. R4. THE PRINCIPAL,

¶16

MARY GIRI VIDYA MANDIR ENGLISH MEDIUM SCHOOL, PUNALUR, KOLLAM DISTRICT, PIN -691305.

¶17

ADDL. R4 IS IMPLEADED AS PER ORDER DATED 24.07.2013 IN IA 9996/2013.

¶18

WP(C).No. 17566 of 2013 (U)

¶19

BY SRI.DEVAN RAMACHANDRAN, SC, CBSE

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

WP(C).No. 17566 of 2013 (U)

¶22

APPENDIX

¶23

PETITIONER’S EXHIBITS :

¶24

EXHIBIT P1: COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE OF THE PETITIONER VIDE SL.NO.055022 WITH ROLL NO.4134287 ISSUED BY THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION.

¶25

EXHIBIT P2: COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PUNALUR MUNICIPALITY.

¶26

EXHIBIT P3: COPY OF THE APPLICATION SUBMITTED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT VIDE NO.SSSSP/CORR/DOB/12 DATED 21.12.2012.

¶27

EXHIBIT P4: COPY OF THE APPLICATION FOR ADMISSION SUBMITTED BY FATHER OF THE PETITIONER TO THE PRINCIPAL, MARY GIRI VIDYA MANDIR ENGLISH MEDIUM SCHOOL, PUNALUR.

¶28

EXHIBIT P5: COPY OF THE EXTRACT OF ADMISSION REGISTERED IN RESPECT OF THE PETITIONER ISSUED BY THE PRINCIPAL, MARY GIRI VIDYA MANDIR ENGLISH MEDIUM SCHOOL, PUNALUR DATED 01.11.2012.

¶29

RESPONDENTS' EXHIBITS : NIL

// True Copy //

P.A. To Judge

DSV/23/11

P.R. RAMACHANDRA MENON, J.

¶34

W.P.(C) 17566 OF 2013

¶35

Dated this the 28^th October, 2013

¶36

J U D G M E N T

¶37

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 21.05.1990 in

¶38

place of '02.12.1989' .

¶39

The learned counsel for the petitioner submits that, eventhough the petitioner has approached the second respondent/CBSE through the third respondent/school authorities along with a copy of the birth certificate (produced as per Ext.P2), wherein, the date of birth has been correctly given as 02.12.1989 , it has not given any result; which made the petitioner to approach this Court seeking for appropriate reliefs.

¶40

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 i.e, at first the Addl.4^th respondent, where she studied upto 4^th standard and get her school records corrected showing the actual date of birth as '02.12.1989' on the basis of the Birth

¶41

W.P.(C) 17566 OF 2013

¶42

¶43

Certificate . Thereafter, the petitioner has to approach the 3^nd respondent/school authority and her school records corrected on the basis of the corrected certificate issued by the 4^th respondent and also on the basis of the Birth certificate Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities (i.e. the fourth and third respondents) to the 2^nd respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner.

¶44

In the above circumstances, the petitioner is left to approach the 3^rd and Addl.4^th respondent and get her school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the second respondent , as prescribed, for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the 2^nd 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

¶45

¶46

W.P.(C) 17566 OF 2013

¶47

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 2^nd respondent/competent authority, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of the proceedings as aforesaid.

¶48

The writ petition is disposed of as above.

¶49

P.R.RAMACHANDRA MENON JUDGE

¶50

Anuraj G.R. v. Central Boad of Secondary Education

Case brief

What is this about?

What did the court decide?

Anuraj G.R. v. Central Boad 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M.v.Saleem Vs the District Collector

Radha Vs the Village Officer

J. Anandan Vs State of Kerala

M/S.S.N.Ricemill and Others Vs Kerala State Pollution Control Board & a

Trosi Jayan Vs Board of Control for Prphanages

G.Gopakumar Vs the District Collector