Allowed

Manu J.Sivadas v. the Secretary, Central Board of Secondary Education

Kerala HC25 May 2016WP(C)/18258/2016

Case brief

AI extract

What is this about?

In this writ petition, the Court directed the Central Board of Secondary Education to correct the petitioner's date of birth in his mark sheets to match his birth certificate. Following an identical precedent, the Court ordered the petitioner to pay a processing fee within one month.

What did the court decide?

Petitioner directed to correct date of birth in CBSE certificates; petitioner ordered to pay Rs. 5,000/- fee within one month.

Manu J.Sivadas Vs the Secretary, Central Board of… — 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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WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938

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WP(C).No. 18258 of 2016 (F)

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PETITIONER(S) :

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MANU J.SIVADAS,

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S/O.SIVADASAN G, AMBIKALAYAM, BHAGAVATHI NADA, BALARAMAPURAM, THIRUVANANTHAPURAM.

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BY ADV. SRI.T.RAJASEKHARAN NAIR

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RESPONDENT(S) :

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1. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION (REGIONAL OFFICE), NEW NO.3, U-BLOCK, 16TH MAIN ROAD, ANNANAGAR, (WEST), CHENNAI 600 040.

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2. THE PRINCIPAL, CRIST NAGAR SENIOR SECONDARY SCHOOL, CHAVARAPURAM, THIRUVALLAM P.O, THIRUVANANTHAPURAM 695 027.

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R1 BY ADV. SRI.K.M.ANEESH, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 18258 of 2016 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1 A TRUE PHOTOCOPY OF THE CERTIFICATE OF SECONDARY SCHOOL EXAMINATION ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION.

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P2 A TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED BY THE DEPARTMENT OF URBAN AFFAIRS GOVERNMENT OF KERALA.

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P3 A TRUE PHOTOCOPY OF THE ADHAR CARD OBTAINED BY THE PETITIONER FROM THE GOVERNMENT OF INDIA.

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P4 A TRUE PHOTOCOPY OF THE ELECTION IDENTITY CARD OBTAINED BY THE PETITIONER FROM THE GOVERNMENT OF INDIA.

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P5 A TRUE PHOTOCOPY OF THE COMMUNICATION DATED 05.04.2016 ISSUED BY THE 1ST RESPONDENT.

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P6 A TRUE PHOTOCOPY OF THE ONE OF THE JUDGMENTS PASSED BY THIS COURT IN W.P(C).NO.1163/2007.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

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W.P.(C) No.18258 of 2016

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Dated 25^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 his date of birth as entered in the certificates issued to him in accordance with his Birth Certificate.

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Heard the Standing Counsel for the CBSE.

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Identical cases have been considered by this

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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 :

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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 18258/16

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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, this writ petition is

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also disposed of directing the CBSE to consider the request of

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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 first respondent 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)

Manu J.Sivadas v. the Secretary, Central Board of Secondary Education

Case brief

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Manu J.Sivadas v. the Secretary, Central Board of Secondary Education

Case brief

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