Dismissed

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

Kerala HC20 Nov 2013WP(C)/9502/2013

Case brief

AI extract

What is this about?

The petitioner challenged an error in his school records showing an incorrect date of birth. The court directed the respondents to correct the records based on verified evidence and forward them to the competent authority for final orders.

What did the court decide?

Direct respondents to correct school records and forward to CBSE for final orders within three months of receipt.

Vipin Das P.V. Vs Central Board of Secondary… — 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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WEDNESDAY, THE 20TH DAY OF NOVEMBER 2013/29TH KARTHIKA, 1935

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WP(C).No. 9502 of 2013 (K)

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PETITIONER(S):

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VIPIN DAS P.V., AGED 23 YEARS, S/O BHASKARAN E., NORTH MANAKKAD, KARIVELLUR P.O. KANNUR DISTRICT.

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BY ADV. SRI.M.V.AMARESAN

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RESPONDENT(S):

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1. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REPRESENTED BY ITS DIRECTOR, CHENNAI, PIN:600 001.

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2. PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA CHENDAYAD, CANNANORE KANNUR DISTRICT, PIN:670 703.

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*** Addl.3. IMPLEADED**

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*ADDL. R3 THE HEADMISTRESS KARIVELLUR NORTH AUP SCHOOL, KARIVELLUR, KANNUR PIN -670 521.

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**(ADDL. R3 IS IMPLEADED AS PER ORDER DATED 25.09.2013 IN IA 12271/2013)*

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R2 BY SRI.P.PARAMESWARAN NAIR, ASG OF INDIA

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BY SRI.DEVAN RAMACHANDRAN , SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9502 of 2013 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE SECONDARY CERTIFICATE BEARING SL.NO.128418 DATED 24.5.2005 OF THE PETITIONER.

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

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EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 14.2.2013 IN WPC NO.13831/2012 PASSED BY THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE.

dlk

P.R. RAMACHANDRA MENON J.

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W.P.(C) No. 9502 of 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 25.02.1990 in place of '22.04.1989' .

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The learned counsel for the petitioner submits that, eventhough the petitioner has approached the school authorities/respondent No.2 along with a copy of the birth certificate (produced as per Ext.P1), wherein, the date of birth has been correctly given as '22.04.1989' 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 '22.04.1989' . Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school

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W.P.(C) No. 9502 of 2013

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: 2 :

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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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In the above circumstances, the petitioner is left to approach the school authorities/2^nd and addl. 3^rd respondents and get his school records, based on the relevant materials and as verified by the concerned local authority; 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 1^st 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 1^st respondent/competent authority, after conducting verification with the concerned authority, if necessary, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of the proceedings as aforesaid.

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W.P.(C) No. 9502 of 2013

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: 3 :

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The petitioner shall produce a copy of this judgment along with copy of the writ petition before the respondents 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

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

Case brief

What is this about?

What did the court decide?

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

Case brief

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