Disposed

Vipindas v. Central Board of Secondary Education

Kerala HC1 Jan 2014WP(C)/17184/2013

Case brief

AI extract

What is this about?

The petitioner challenged an omission of board regarding a clerical error in his date of birth (though born in 1991, school records showed 1993) and sought appropriate relief.

What did the court decide?

A direction was issued to the school authorities to correct the petitioner's date of birth in school records based on birth certificate evidence and forward the corrected records to the Board for acti

Vipindas Vs Central Board of Secondary Education — 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.R.RAMACHANDRA MENON

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WEDNESDAY, THE 1ST DAY OF JANUARY 2014/11TH POUSHA, 1935

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WP(C).No. 17184 of 2013 (W)

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PETITIONER:

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VIPINDAS, AGED 22 YEARS, S/O N.VENUDASAN, KALLELITHARAYIL, KUTHIRAPPANTHY P.O., THAZHAVA, KOLLAM DISTRICT, PIN:690 523.

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BY ADVS.SRI.C.S.MANU, SRI.S.K.PREMRAJ.

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RESPONDENTS:

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1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3 (OLD PLOT NO.1630A), (J BLOCK) ANNA NAGAR WEST, CHENNAI-40, REPRESENTED BY THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3, ANNA NAGAR WEST, CHENNAI, PIN: 600 101.

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2. REGIONAL OFFICER,

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CENTRAL BOARD OF SECONDARY EDUCTION, REGIONAL OFFICE, NEW PLOT NO.3 (OLD PLOT NO.1630 A) (J BLOCK) ANNA NAGAR WEST, CHENNAI, PIN: 600 101.

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3. PRINCIPAL,, SHREE BUDHA CENTRAL SCHOOL, KARUNAGAPPALLY KOLLAM DSITRICT, PIN: 690 518.

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R1 & R2 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE, R3 BY ADV. SRI.T.PRADEEP KUMAR.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 17184 of 2013 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1: TRUE COPY OF THE MARK STATEMENT DATED 27.05.2008 BEARING SERIAl NO.294596 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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EXHIBIT P2: TRUE COPY OF THE BIRTH CERTIFICATE DATED 22.05.1992 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, OCHIRA PANCHAYAT KARUNAGAPPALLY TO THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 05.08.2009 IN W.A.NO.1948 OF 2008 AND CONNECTED CASES PASSED BY THIS HON'BLE COURT.

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EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 24.05.2010 IN WPC NO.34141 OF 2009 PASSED BY THIS HON'BLE COURT.

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RESPONDENT(S)' EXHIBITS:

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

P.R. RAMACHANDRA MENON, J.

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W.P.(C)No.17184 OF 2013

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......................................................................... Dated this the 1^st January, 2014

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J U D G M E N T

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The petitioner is stated as aggrieved of the

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inadvertent mistake which has crept in the school

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records/certificates showing the date of birth of the petitioner as '13.11.1993' in place of '13.11.1991' .

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The learned counsel for the petitioner submits that, eventhough the petitioner has approached the respondent Nos.1 and 2 along with a copy of the birth certificate (produced as per Ext.P2), wherein, the date of birth has been correctly given as '13.11.1991' , 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/third respondent and get his school records corrected showing the actual date of birth as '13.11.1991' . Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school authorities to the second respondent, 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 3^rd respondent and get his 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 second 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 second 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.

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The writ petition is disposed of as above.

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P.R.RAMACHANDRA MENON JUDGE

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Vipindas v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Vipindas v. Central Board of Secondary Education

Case brief

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