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Ajith Vijayan v. the Central Board of Secondary Education

Kerala HC7 Feb 2014WP(C)/1280/2014

Case brief

AI extract

What is this about?

Writ petition seeking correction of petitioner's date of birth and mother's name in CBSE school certificates. Court relied on precedent allowing belated corrections and directed school principal to verify birth details and correct records, while leaving name correction for appropriate proceedings.

What did the court decide?

Directions to second respondent to verify birth record authenticity and correct school records if genuine; first respondent to issue new mark statement within two months of receipt of report; mother's

Ajith Vijayan Vs the Central Board of Secondary… — Education and Admissions | Kerala HC (2014)

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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.N.RAVINDRAN

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FRIDAY, THE 7TH DAY OF FEBRUARY 2014/18TH MAGHA, 1935

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WP(C).No. 1280 of 2014 (H)

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PETITIONER(S):

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AJITH VIJAYAN AGED 23 YEARS S/O. VIJAYAN PILLAI, CHANDRAVILASAM, PALAKKAL THEVALAKARA P.O., KOLLAM DISTRICT.

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BY ADVS.SRI.C.RAJENDRAN

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SRI.K.R.RANJITH SMT.R.S.SREEVIDYA

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RESPONDENT(S):

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1. THE CONTROLLER OF EXAMINATION THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR NEW DELHI-110 301.

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2. THE PRINCIPAL SREE BUDHA CENTRAL SCHOOL, KARUNAGAPPALLY KOLLAM DISTRICT-690 518.

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BY SRI.DEVAN RAMACHANDRAN, SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1280 of 2014 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : A TRUE PHOTOCOPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE ISSUED BY 1ST RESPONDENT DTD.28.5.2007.

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EXHIBIT P2 : A TRUE PHOTOCOPY OF THE SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED BY THE 1ST RESPONDENT DTD.20.5.2009.

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EXHIBIT P3 : A TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED FROM THE KARUNAGAPPALLY GRAMA PANCHAYATH.

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EXHIBIT P4 : A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER'S MOTHER.

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RESPONDENT(S)' EXHIBITS

NIL

R.AV

//TRUE COPY//

PA TO JUDGE

P.N.RAVINDRAN, J.

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=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C)No.1280 of 2014

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=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 7^th day of February, 2014

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JUDGMENT

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The petitioner was a student of Sree Buddha Central School, Karunagappally. He completed his course of study in the year 2007. In the school records his date of birth is given as 5.5.1992 and that date was entered in Ext.P1 mark statement issued by the Central Board of Secondary Education after the petitioner passed the All India Secondary School Examination, 2007. The case set out in the instant writ petition is that the petitioner was born on 29.1.1991 and not on 5.5.1992. Reliance is placed on Ext.P3 extract from the register of births maintained by the Panmana Grama Panchayat in support of the said contention. The grievance voiced by the petitioner is that though enclosing a copy of Ext.P3 extract from the register of births he had filed a petition before the second respondent Principal to correct the date of birth in the original of Ext.P1 certificate, it has not so far been considered. In this writ petition the petitioner prays for an order directing the second respondent to correct his date of birth as 29.1.1991 in the school

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W.P.(C)No.1280 of 2014

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records and to forward a report to the first respondent and a further direction to the first respondent to correct the date of birth in the original of Ext.P1 mark statement. The petitioner has also prayed for an order directing the respondents to correct the name of his mother occurring in Ext.P2 certificate so as to make it conform to his mother’s name as appearing in Ext.P4 Secondary School Leaving Certificate.

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A Division Bench of this Court has in W.A.No.1948 of 2008 and connected cases held that irrespective of the time limit stipulated in the bye-laws of the Central Board of Secondary Education, even belated requests for correction of date of birth are liable to be considered on the merits. In the instant case, the petitioner passed out of the school only in the year 2009. The request for correction of date of birth in the school records is supported by an extract from the register of births issued by the Secretary of Panmana Grama Panchayat who is also the Registrar of Births and Deaths of Panmana Grama Panchayat.

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In such circumstances, I dispose of the writ petition with a direction to the second respondent to verify the authenticity and genuineness of Ext.P3 extract from the register of births directly

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W.P.(C)No.1280 of 2014

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with the Registrar of Births and Deaths of Panmana Grama Panchayat and if Ext.P3 extract is found to be genuine, effect necessary corrections in the school records and forward a copy of the corrected records along with his report as also the original of Ext.P3 extract to the first respondent. This shall be done within one month from the date of receipt of a copy of this judgment. The petitioner shall in order to enable the third respondent to act as directed above produce before him along with a copy of this judgment, Ext.P3 extract from the register of births. The first respondent shall upon receipt of the report from the second respondent, make necessary changes in the records maintained by the Central Board of Secondary Education and issue a fresh mark statement to the petitioner on the petitioner surrendering the originals of Ext.P1 mark statement and the pass certificate. This shall be done within two months from the date of receipt of the report from the third respondent, subject to the petitioner surrendering the originals of Ext.P1 mark statement and the pass certificate. As regards the second portion of the relief sought for namely correction of the mother’s name as given in Ext.P2 mark list so as to make it conform to the name of the mother as shown in the

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W.P.(C)No.1280 of 2014

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Secondary School Leaving Certificate, the petitioner may institute other appropriate proceedings in accordance with the relevant rules governing the same.

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Sd/- P.N.RAVINDRAN JUDGE

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vpv

Ajith Vijayan v. the Central Board of Secondary Education

Case brief

What is this about?

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Ajith Vijayan v. the Central Board of Secondary Education

Case brief

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