Disposed

Monisha Mohan v. Central Board of Secondary Education

Kerala HC29 Jan 2015WP(C)/796/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where the petitioner sought correction of her date of birth in school records and the Birth Certificate. The Court directed her to approach school authorities first to correct records and forward them to the Board, with the Board to act within two months. The Court relied on a prior decision bar.

What did the court decide?

Petitioner directed to approach school authorities for record correction; Board directed to verify and pass orders within two months.

Monisha Mohan Vs Central Board of Secondary Education — Education and Admissions | Kerala HC (2015)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936

¶5

WP(C).No. 796 of 2015 (Y)

¶6

PETITIONER(S):

¶7

-------------

¶8

MONISHA MOHAN, AGED 27 YEARS, D/O.N.P.MOHANAN, AISWARYA, CHERUKARA, PIN - 679 340.

¶9

BY ADV. SRI.B.PREMNATH (E).

¶10

RESPONDENT(S):

¶11

--------------

¶12

1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,

¶13

NEW PLOT NO.3(OLD PLOT NO.1630A) (J BLOCK), ANNA NAGAR WEST, CHENNAI-40, REPRESENTED BY THE DEPUTY SECRETARY.

¶14

2. REGIONAL OFFICER,

¶15

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3(OLD PLOT NO.1630A) (J BLOCK), ANNA NAGAR WEST, CHENNAI-40.

¶16

3. SREE VALLUVANADU VIDHYA BHAVAN, P.O. BOX NO.82, PERINTHALMANNA, MALAPPURAM, PIN - 679 322, REPRESENTED BY ITS PRINCIPAL.

¶17

4. AIDED UPPER PRIMARY SCHOOL

¶18

CHERUKARA, MALAPPURAM DISTRICT, PIN - 679 340, REPRESENTED BY ITS HEAD MASTER.

¶19

R3 BY ADV. SRI.N.K.SUBRAMANIAN R3 BY ADV. SRI.S.ANANTHAKRISHNAN R4 BY ADV. SRI.E.NARAYANAN

¶20

R BY SRI.DEVAN RAMACHANDRAN, SC, CBSE.

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

rvs.

¶23

WP(C).No. 796 of 2015 (Y)

¶24

APPENDIX

¶25

PETITIONER(S)' EXHIBITS :

¶26

-----------------------

¶27

EXHIBIT	P1	COPY OF THE BY THE PERIN	BIRTH CERTI THALMANNA P	FICATE OF THE PETITIONER ISSUED ANCHAYATH DATED 30/10/1987.
EXHIBIT	P2	COPY OF THE 4TH RESPONDE	EXTRACT OF NT SCHOOL D	THE ADMISSION REGISTER OF THE ATED NIL.
EXHIBIT	P3	COPY OF THE 3RD RESPONDE	EXTRACT OF NT.	THE ADMISSION REGISTER OF THE
EXHIBIT	P4	COPY OF THE RESPONDENT.	TRANSFER	CERTIFICATE ISSUED BY THE 4TH
EXHIBIT	P5	COPY OF THE INDIA SECOND	MARK LIST ARY EXAMINA	OF THE PETITIONER IN THE ALL TION 2003, DATED 24/5/2003.
EXHIBIT	P6	COPY OF THE DATED 24/5/2	CERTIFICAT 003.	E ISSUED BY THE IST RESPONDENT
EXHIBIT	P7	COPY OF THE BIRTH.	APPLICATIO	N FOR CORRECTION OF DATE OF
EXHIBIT	P8	COPY OF THE PETITIONER S	COVERING UBMITTED TO	LETTER BY THE FATHER OF THE THE 3RD RESPONDENT.
EXHIBIT	P9	COPY OF THE 20/12/2014 F OTHER DOCUME	COMMUNICATI ORWARDING NTS.	ON OF THE 3RD RESPONDENT DATED EXHIBITS P7 AND P8 ALONG WITH
EXHIBIT	P10	COPY OF TH 5/8/2009.	E JUDGMENT	IN WA NO. 1948/2008 DATED
RESPOND -------	ENT(S) ------	' EXHIBITS : ----------

NIL.

/TRUE COPY/

P.A.TO JUDGE

RVS.

P.R. RAMACHANDRA MENON, J.

¶33

W.P.(C) No.796 of 2015

¶34

Dated this the 29^th day of January, 2015

¶35

JUDGMENT

¶36

Petitioner is stated as aggrieved of the inadvertent mistake which has crept in the relevant school/certificates showing the date of birth of the petitioner as ' 28.05.1988 ' in place of ' 28.10.1987 '.

¶37

The case of the petitioner is that, she had preferred Ext.P7 application before the 3^rd respondent, to have the above mistake corrected, which is stated as forwarded to the 2^nd respondent. Ext.P1 is the birth certificate showing the actual date of birth as ' 28.10.1987 '. The learned counsel for the petitioner points out that, the petitioner had completed her studies from Class I to IV in the 4^th respondent School and from class V till completion of Higher Secondary from the 3^rd respondent school as evident from Ext.P2 and Exts.P3 and P4 respectively. Inaction on the part of the respondents made the petitioner to approach this Court seeking for appropriate reliefs.

¶38

The learned standing counsel for the respondents 1 and 2

¶39

W.P.(C) No.796 of 2015

¶40

¶41

submits that, by virtue of the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get her school records corrected showing the actual date of birth as ' 28.10.1987 '. Thereafter, the application has to be got forwarded along with the corrected 'date of birth' as certified by the school authorities to the 1^st respondent, on which event, the same will be considered and appropriate steps will be pursued to redress the grievance of the petitioner after verification with the Authority who has issued Ext.P1.

¶42

In the above circumstances, the petitioner is left to approach the 4^th respondent School and thereafter the 3^rd respondent School and get her school records corrected based on the relevant materials; in turn, causing the same to be forwarded to the 1^st respondent as mentioned above 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 in accordance with law, in the light 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

¶43

W.P.(C) No.796 of 2015

¶44

¶45

to be corrected in genuine cases. Final orders as above, shall be passed by the 1^st respondent after conducting verification with the concerned Authority, if necessary, as expeditiously as possible, at any rate, within 'two months' from the date of receipt of a copy of the proceedings as aforesaid.

¶46

The petitioner shall produce a copy of judgment, along with a copy of the writ petition, before the concerned respondents, for further steps.

¶47

The writ petition is disposed of as above.

¶48

P.R. RAMACHANDRA MENON, JUDGE

¶49

Monisha Mohan v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Monisha Mohan v. 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

Shameer Vs the Sub Inspector of Police, Kottayi Police Station

B.Reghukumar Vs the District Collector, Thiruvananthapuram

T.K.Puravath Vs State of Kerala

Mohammed.M Vs the District Police Chief

Dr.T.R.Chandramohan Vs v.Sureshkumar

Abdurazak Vs the Village Officer