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Akshay C.R v. Centralboardof Secondary Education

Kerala HC24 May 2016WP(C)/18111/2016

Case brief

AI extract

What is this about?

A writ petition filed by a petitioner seeking direction to the Central Board of Secondary Education (CBSE) to correct an error regarding his father's name in his educational certificates. The court relied on a prior judgment.

What did the court decide?

Direction to CBSE to correct the mistake regarding the petitioner's father's name in the certificates upon payment of Rs.5,000/- and if the claim is genuine.

Akshay C.R Vs Centralboardof Secondary Education — Education and Admissions | Kerala HC (2016)

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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.B.SURESH KUMAR

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TUESDAY, THE 24TH DAY OF MAY 2016/3RD JYAISHTA, 1938

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WP(C).No. 18111 of 2016 (L)

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PETITIONER:

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AKSHAY C.R, AGED 19, S/O. RAMAKUMARAN C., CHOLETHODY HOUSE, KATTUKULAM P.O., THIRUVAZHIYODE, PALAKKAD DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENT(S):

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1.CENTRAL BOARD OF SECONDARY EDUCATION, NO.3, J-BLOCK, 16TH MAIN ROAD, ANNA NAGAR(WEST),CHENNAI-600 040, REPRESENTED BY ITS ASSISTANT SECRETARY.

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2.ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, NO.3, J-BLOCK, 16TH MAIN ROAD, ANNA NAGAR(WEST), CHENNAI-600 040.

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3.ST.DOMINICS CONVENT ENGLISH MEDIUM SCHOOL, SREEKRISHNAPURAM P.O., PALAKKAD, REPRESENTED BY ITS PRINCIPAL.

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R1 & R2 BY SRI.K.M.ANEESH, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 18111 of 2016 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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P1 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DTD.9.3.2015.

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P2 : TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DTD.9.3.2015.

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P3 : TRUE COPY OF THE COMMUNICATION MADE BY THE 3RD RESPONDENT DTD.27.5.2015.

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P4 : TRUE COPY OF THE REQUEST DTD.11.11.2015 FOR CORRECTION OF THE PETITIONER'S FATHER'S NAME. P5 : TRUE COPY OF THE COMMUNICATION DTD.28.11.2015, BY THE 2ND RESPONDENT. P6 : TRUE COPY OF THE GAZETTE NOTIFICATION DTD.17.9.2015. P7 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER OF SREEKRISHNAPURAM. P8 : TRUE COPY OF THE AFFIDAVIT SWORN BY THE PETITIONER. P9 : TRUE COPY OF THE JUDGMENT IN WPC NO.30316/2015.

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RESPONDENT(S)' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

P.B.SURESH KUMAR, J.

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W.P.(C) No.18111 of 2016

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Dated 24^th May, 2016.

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J U D G M E N T

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The petitioner seeks directions to the Central Board of Secondary Education (CBSE) to correct the mistake in the certificates issued to him as regards the name of his father.

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Heard the Standing Counsel for the CBSE.

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In the context of correcting the mistakes in the certificates as regards the date of birth of the students, this Court in Subin Mohammed v. Union of India (2016 (1) KLT 340) directed 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 :

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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.

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ii. Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, CBSE may deem it fit.

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WPC 18111 of 2016

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

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

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In the light of the said judgment, I deem it appropriate to direct the CBSE to consider the case of the petitioner and carry out appropriate corrections in the certificates of the petitioner if the claim of the petitioner is found to be genuine, on payment of Rs.5,000/- towards costs 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 CBSE for compliance.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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tgs

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(true copy)

Akshay C.R v. Centralboardof Secondary Education

Case brief

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Akshay C.R v. Centralboardof Secondary Education

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