Allowed

Subin Raj v. Government of India

Kerala HC20 May 2016WP(C)/17854/2016

Case brief

AI extract

What is this about?

This writ petition sought directions for the CBSE to correct the petitioner's date of birth. The Court followed a prior identical judgment by directing the second respondent to consider the request within one month upon payment of fees.

What did the court decide?

Directed the second respondent to consider the request to correct the date of birth within one month, treating the case like Subin Mohammed V. Union of India.

Subin Raj Vs Government of India — Education and Admissions | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

FRIDAY, THE 20TH DAY OF MAY 2016/20TH VAISAKHA 1938

¶5

WP(C).No. 17854 of 2016 (F)

¶6

PETITIONER:

¶7

SUBIN RAJ, AGE 27 YEARS, S/O. SURENDRAN, VILAYIL VEEDU, 'PUTHENCHANTHA VARKALA, THIRUVANANTHAPURAM - 695 145.

¶8

BY ADVS.SRI.R.SANTHOSH (VARKALA) SRI.C.R.VIJAYAKUMARAN PILLAI SRI.A.CHANDRA BABU SRI.S.JAYAKRISHNAN (VARKALA) SMT.S.V.HARITHA

¶9

RESPONDENT(S):

¶10

1.GOVERNMENT OF INDIA, REPRESENTED BY THE PRINCIPAL SECRETARY, THE UNION MINISTRY OF HUMAN RESOURCE DEVELOPMENT, GOVT. SECRETARIAT, NEW DELHI - 01.

¶11

2.ASSISTANT SECRETARY,

¶12

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3 (OLD NO. 1630A) J-BLOCK,16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI - 600 040.

¶13

3.PRINCIPAL, SIVAGIRI SREE NARAYANA SENIOR SECONDARY SCHOOL, SREENIVASAPURAM P.O, VARKKALA - 695 145.

¶14

R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY SRI.DEVAN RAMACHANDRAN, SC

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

mbr/

¶17

WP(C).No. 17854 of 2016 (F)

¶18

APPENDIX

¶19

PETITIONERS’ EXHIBITS:

¶20

EXT. P1	: THE OF T	TRUE COPY OF THE HE PETITIONER.	SECONDARY EDUCATION CERTIFICATE
EXT. P2	: THE PETI	TRUE COPY OF THE TIONER.	BIRTH CERTIFICATE OF THE
EXT. P3	: THE 2ND	TRUE COPY OF THE RESPONDENT.	ORDER ISSUED BY THE
EXT. P4	: THE 3RD	TRUE COPY OF THE RESPONDENT TO THE	INTIMATION LETTER ISSUED BY THE PETITIONER.
RESPOND	ENTS' EX	HIBITS :	NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

P.B.SURESH KUMAR, J.

¶25

W.P.(C)No.17854 of 2016 F

¶26

Dated 20^th May, 2016

¶27

J U D G M E N T

¶28

The petitioner seeks directions to the Central Board

¶29

of Secondary Education (CBSE) to correct his date of birth as entered in the certificates issued to him in accordance with his Birth Certificate.

¶30

Heard the Standing Counsel for the Central Board of Secondary Education.

¶31

Identical cases have been considered by this Court in Subin Mohammed v. Union of India (2016 (1) KLT 340) and directions have been issued to the CBSE to carry out the corrections sought on payment of a sum of Rs.5,000/-. The operative portion of the said judgment reads as follows :

¶32

i. That CBSE shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine.

¶33

ii. Genuineness of the birth certificate can be

¶34

WPC 17854 of 2016

¶35

¶36

ascertained from the respective local/statutory authority/Head of the Institution or such other method, CBSE may deem it fit.

¶37

iii. CBSE can demand in advance a consolidated fee, including all expenses for processing such applications.

¶38

iv. Each of the petitioners shall pay Rs.5,000/(Rupees Five thousand only) as cost to CBSE within a period of one month.”

¶39

In the light of the said judgment, the writ petition is also disposed of directing the second respondent to consider the request of the petitioner as directed in Subin Mohammed v. Union of India (supra) within a period of one month from the date of receipt of a copy of this judgment. The petitioner is at liberty to produce the certified copy of this judgment before the second respondent for compliance.

¶40

Sd/-

¶41

P.B.SURESH KUMAR, JUDGE

¶42

tgs

Subin Raj v. Government of India

Case brief

What is this about?

What did the court decide?

Subin Raj v. Government of India

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

K.M.Philip Vs Chief Engineer, Kerala State Pollution Control Board

Abdul Samad Vs the District Collector

Saneesh J Vs the Tahsildar

Saraswathy Gopi Vs the District Collector

Mariyam Vs Kerala State Haj Committee

P.Kumaran Vs the Tahsildar Ottapalam