Allowed

Sreekumar v. Vs the Regional Officer

Kerala HC21 Oct 2016WP(C)/33849/2016

Case brief

AI extract

What is this about?

Public Prosecutor challenged discrepancies in the petitioner's date of birth between his school records and birth certificate. Bench relied on Subin Mohammed case to allow correction upon payment of a fine and issuance of orders to relevant authorities.

What did the court decide?

Director to carry out necessary corrections within three months upon production of receipt of fine of Rs.5,000/-.

Sreekumar v Vs the Regional Officer — 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 SHAJI P.CHALY

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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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WP(C).No. 33849 of 2016 (E)

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PETITIONER:

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SREEKUMAR V AGED:24 YEARS, S/O VIJAYAN NAIR, 209E (5/300), SREERAGAM, 5, KOOROPADA, KOOROPPADA PANCHAYAT PIN-686502

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BY ADVS.SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE

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RESPONDENTS:

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1. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO. 1630A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600040

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2. CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, (OLD NO.1630-A), J BLOCK, 16TH MAIN ANNA NAGAR (WEST), CHENNAI-600040

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3. PRINCIPAL ARAVIND VIDYA MANDIRAM ANICKADU PO, PALLICKATHODU, KOTTAYAM DISTRICT-686503

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4. THE REGISTRAR OF BIRTHS & DEATHS OFFICE OF THE REGISTRAR OF BIRTHS AND DEATHS, KOTTAYAM MUNICIPALITY, KOTTAYAM-686001

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R1 & R2 BY SRI.K.M.ANEESH, SC, C.B.S.E.

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SRI.ADARSH KUMAR, SC, C.B.S.E. R4 BY SRI.S.RANJIT (KOTTAYAM), SC, KOTTAYAM MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 33849 of 2016 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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--------------------------------------P1 THE TRUE COPY OF THE PASS CERTIFICATE DATED 27/5/2008 ISSUED TO THE PETITIONER WITH ROLL NO.4134401 FROM THE CBSE

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P1(a) THE TRUE COPY OF THE MARK LIST DATED 27/5/2008 ISSUED BY THE CBSE

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P2 THE COPY OF THE BIRTH CERTIFICATE DATED 28/7/1998 OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT - REGISTRAR OF BIRTHS AND DEATH, KOTTAYAM MUNICIPALITY

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P3 THE COPY OF THE REPRESENTATION DATED 17/7/2014 SUBMITTED BY THE 3RD RESPONDENT -PRINCIPAL TO THE 1ST RESPONDENT - REGIONAL OFFICER, CBSE

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P4 THE COPY OF THE LETTER DATED 14/8/2014 ISSUED TO THE 3RD RESPONDENT -PRINCIPAL BY THE 1ST RESPONDENT - REGIONAL OFFICER, CBSE

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P5 TRUE COPY OF THE COVERING LETTER DATED 12/9/2014 SUBMITTED BY THE PRINCIPAL ALONG WITH THE FILLED UP FORM FOR CORRECTION OF DATED OF BIRTH

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P6 THE COPY FO THE LETTER DATED 25/5/2016 ISSUED BY 3RD RESPONDENT PRINCIPAL TO 1ST RESPONDENT -REGIONAL OFFICE

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P7 TRUE COPY OF THE JUDGMENT DATED 9/3/2010 IN WPC 4494/10 OF THIS HONOURABLE COURT

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P8 TRUE COPY OF JUDGEMENT DATED 8/7/2010 IN WPC 20167/10 OF THIS HONOURABLE COURT

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RESPONDENT(S) EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE.

DCS

SHAJI P. CHALY, J.

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W.P.(C). NO. 33849 OF 2016

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---------------------------------------- Dated this the 21^st day of October, 2016

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JUDGMENT

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Petitioner has passed the Secondary School Examination (X^th Std) from the school of the third respondent, which is affiliated to Central Board of Secondary Education, in the year 2008, evident from Exts. P1 pass certificate and P1(a) mark list. In Exts.P1 and P1(a), the date of birth is shown as 21.12.1992. According to the petitioner, as per Ext.P2 birth certificate issued by the Registrar of Births and Deaths, date of birth of the petitioner is 21.12.1991. The said discrepancy was noted by the petitioner, recently, when petitioner was preparing himself to go abroad for securing employment. Thereupon, petitioner has submitted an application to the third

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W.P.(C). NO. 33849 OF 2016 2

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respondent for correction of his date of birth and third respondent has submitted Ext. P3 representation dated 17.07.2014, to the first respondent. However, the same was declined as per Ext.P4 order dated 14.08.2014. The covering letter issued by the third respondent to the first respondent is produced as Ext. P5. Since the anomaly is to be rectified, third respondent again forwarded Ext. P6 letter dated 25.05.2016. However, there is no response for the same. It is in this background challenging Ext. P4 and seeking other related reliefs, this writ petition is filed.

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The issue with respect to correction of date of birth on the basis of a certificate issued by the Births and Deaths Authority was considered by a Division Bench of this Court in Subin Mohammed v. Union of India [2016(1) KLT 340] and held that, once an entry is made in the register maintained by the competent authority in accordance with the Registration of Births and Deaths Rules 1999 (Kerala), it raises a presumption of correctness to the date of birth entry. Taking into account the fact situations

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W.P.(C). NO. 33849 OF 2016 3

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and circumstances thereunder, the Division Bench of this Court directed the competent authority to correct the date of birth by imposing a fine of Rs.5,000/-. I think petitioner is also entitled to get the same treatment.

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Therefore, there will be a direction to the 1^st respondent to carry out necessary corrections, taking into account Ext.P2 birth certificate and take a decision finally within a period of three months from the date of receipt of a copy of this judgment and on production of receipt of the payment of fine of Rs.5,000/- (Rupees Five thousand only). The third respondent is also directed to carry out correction accordingly and forward the corrected copy of the school register duly certified, to the 1^st respondent within three weeks from the date of receipt of a copy of this judgment.

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Writ petition is disposed of accordingly.

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SHAJI P. CHALY JUDGE

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DCS

Sreekumar v. Vs the Regional Officer

Case brief

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Sreekumar v. Vs the Regional Officer

Case brief

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