Allowed

Sanjay S. Nair v. Central Board of Secondary Education

Kerala HC4 Jan 2016WP(C)/34/2016

Case brief

AI extract

What is this about?

Single judge allowed a writ petition challenging the rejection of a request to correct a father's name in a CBSE certificate. The court held that amended rules do not apply retrospectively, set aside the order, and directed the CBSE to reconsider the matter under pre-amended bye-laws.

What did the court decide?

Impugned order set aside; CBSE directed to reconsider matter under pre-amended bye-laws within three months.

Sanjay S. Nair Vs Central Board of 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 A.MUHAMED MUSTAQUE

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MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937

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WP(C).No. 34 of 2016 (D)

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PETITIONER :

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SANJAY S. NAIR, VARIKATTU HOUSE, KILIROOR NORTH, KOTTAYAM.

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BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA SMT.CHITHRA CHANDRASEKHARAN

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RESPONDENT(S):

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

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2. THE PRINCIPAL, PLACID VIDYA VIHAR SENIOR SECONDARY SCHOOL, CHETHIPUZHA, KURISUMMODU P.O., CHANGANACHERRY-686 104.

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R1 BY SRI.K.M.ANEESH,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 34 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1. TRUE COPY OF THE CERTFICATE OF CONTINUOUS AND COMPREHENSIVE EVALUATION OF SECONDARY SCHOOL EXAMINTION 2009-2011 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 31/5/2011.

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EXT.P2. TRUE COPY OF THE MARKS STATEMENT ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT FOR ALL INIDA SENIOR SCHOOL CERTIFICATE EXAMINATION, 2013 DATED 27/5/2013.

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EXT.P3. TRUE COPY OF THE LETTER NO.PVV/ADM/08/01-15 ISSUED BY THE 1ST RESPONDENT DATED 16/7/2015.

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EXT.P3(A). TRUE COPY OF THE PRESCRIBED FORMAT SUBMITTED BY THE 2ND RESPONDENT DATED NIL.

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EXT.P4. TRUE COPY OF THE LETTER NO.CBSE/RO(M)/ CORRN/REJN/3752/2015 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 26/8/2015.

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RESPONDENT(S)' EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

A.MUHAMED MUSTAQUE, J.

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================== W.P.(C).No. 34 of 2016

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==================

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Dated this the 4^th day of January, 2016

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The petitioner's request to correct the mistake in the name

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of father in the CBSE certificate has been turned down as per Ext.P4 stating that such application can be only entertained within one year of the date of declaration of result.

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In fact the rejection is based on the amended Rules dated 25.6.2016. This Court is of the view that amended rules would have only a prospective application and therefore the petitioner's application has to be considered in terms of preamended bye-laws. In view of the fact that school records have been corrected and the petitioner is governed by preamended bye-laws, the impugned order is set aside and the CBSE is directed to reconsider the matter afresh based on the

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pre-amended bye-laws within three months from the date of receipt of the copy of this judgment.

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sd/-

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sab

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A.MUHAMED MUSTAQUE, JUDGE

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: 2 :-

Sanjay S. Nair v. Central Board of Secondary Education

Case brief

What is this about?

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Sanjay S. Nair v. Central Board of Secondary Education

Case brief

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