Allowed

Amal F.R @ Amal Fasal Rahman v. the Central Board of Secondary Education, Rep.by Its Secretary

Kerala HC21 Mar 2017WP(C)/2240/2017

Case brief

AI extract

What is this about?

The High Court of Kerala quashed the 1st respondent's rejection order preventing the petitioner from having his deceased father's name in education certificates. The court directed the 2nd respondent to reconsider the application after a fine is paid. The decision relied on a Division Bench precedent regarding birth date corrections.

What did the court decide?

Exhibit P16 (rejection letter) is quashed. The 2nd respondent is directed to reconsider the application and take a final decision within three months upon payment of a fine of Rs. 5,000/-.

Amal F.R @ Amal Fasal Rahman Vs the Central Board of… — Education and Admissions | Kerala HC (2017)

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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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TUESDAY, THE 21ST DAY OF MARCH 2017/30TH PHALGUNA, 1938

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WP(C).No. 2240 of 2017 (D)

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PETITIONER(S):

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AMAL F.R @ AMAL FASAL RAHMAN, AGED 19, S/O.LATE FASAL RAHMAN @ FASLU RAHIMAN K.M., NOW RESIDING AT KOLETHEKAT HOUSE, KALATHODE, POST OLLUKKARA, THRISSUR.

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BY ADVS.SRI.R.LAKSHMI NARAYAN SMT.R.RANJINI SRI.M.ASHOK KINI

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RESPONDENT(S):

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1. THE CENTRAL BOARD OF SECONDARY EDUCATION, REP.BY ITS SECRETARY SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110301.

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2. THE REGIONAL OFFICER,

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THE CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PS, 1-2, INSTITUTIONAL AREA, I.P.EXTN, PATPARGANJ, DELHI-110092.

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BY SRI.K.M.ANEESH, SC, C.B.S.E. SRI.ADARSH KUMAR, SC, C.B.S.E.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SKG

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WP(C).No. 2240 of 2017 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE PETITIONER.

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EXHIBIT P2 THE PHOTOCOPY OF THE DEATH CERTIFICATE OF FATHER OF PETITIONER.

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EXHIBIT P3 THE PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE OF THE MOTHER OF THE PETITIONER WITH P.N.SAMEER SIDDIQUE.

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EXHIBIT P4 THE PHOTOCOPY OF RELEVANT PAGES OF PENSION PAYMENT ORDER.

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EXHIBIT P5 THE PHOTOCOPY OF THE ORDER DATED 19-07-2008 PASSED BY THE FAMILY COURT, THRISSUR IN G.O.P. NO.981/2008.

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EXHIBIT P6 THE PHOTOCOPY OF EXTRACT OF ADMISSION REGISTER OF HARI SRI VIDYA NIDHI SCHOOL, THRISSUR RELATING TO PETITIONER.

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EXHIBIT P7 THE PHOTOCOPY OF TRANSFER CERTIFICATE OF HARI SRI VIDYA NIDHI SCHOOL, THRISSUR.

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EXHIBIT P8 THE PHOTOCOPY OF GRADE SHEET CUM CERTIFICATE OF PERFORMANCE FOR SECONDARY SCHOOL EXAMINATION SESSION 2012-2014, WHICH INCLUDES MARKS STATEMENT OF PETITIONER.

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EXHIBIT P9 THE MARKS STATEMENT OF THE PETITIONER FOR SENIOR SCHOOL CERTIFICATE EXAMINATION 2016, DATED 21-5-2016.

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EXHIBIT P10 THE PHOTOCOPY OF CERTIFICATE ISSUED BY 1ST RESPONDENT FOR ALL INDIA SENIOR SCHOOL CERTIFICATE EXAMINATION 2016.

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EXHIBIT P11 THE PHOTOCOPY OF SCHOOL LEAVING CERTIFICATE DATED 318-2016, ISSUED BY BIRLA PUBLIC SCHOOL, DOHA-QATAR.

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EXHIBIT P12 THE PHOTOCOPY OF REQUEST LETTER DATED 1-12-2016, SUBMITTED BY THE GUARDIAN OF THE PETITIONER.

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SKG

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WP(C).No. 2240 of 2017 (D)

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EXHIBIT P13 THE PHOTOCOPY OF APPLICATION DATED 1-12-2016, SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P14 THE PHOTOCOPY OF THE REQUEST LETTER DATED 10-12-2016, SUBMITTED BY PRINCIPAL OF BIRLA PUBLIC SCHOOL, DOHAQATAR.

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EXHIBIT P15 THE PHOTOCOPY OF LETTER DATED 27-12-2016 FORWARDED BY THE PRINCIPAL OF BIRALA PUBLIC SCHOOL, DOHA-QATAR.

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EXHIBIT P16 THE PHOTOCOPY OF COMMUNICATION DATED 3-1-2017, ISSUED BY 1ST RESPONDENT TO PRINCIPAL OF BIRLA PUBLIC SCHOOL.

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EXHIBIT P17 THE PHOTOCOPY OF RELEVANT PAGES OF PASSPORT OF PETITIONER.

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RESPONDENT(S)' EXHIBITS

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R1(a) TRUE COPY OF THE RELEVANT PAGES OF THE NOTIFICATION DATED 25.06.2015- AMENDMENT OF THE EXAMINATION BYE-LAW

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R1(b) TRUE COPY OF THE JUDGMENT IN LP.41/2017, DATED 23.01.2017 OF THE HON'BLE HIGH COURT OF KERALA

/TRUE COPY/

P.S.TO JUDGE

SKG

SHAJI P. CHALY, J.

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W.P.(C) No.2240 of 2017

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----------------------------------------------Dated this the 21^st day of March, 2017

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JUDGMENT

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This writ petition is filed by the petitioner seeking to quash Ext.P16, whereby the request made by the petitioner to incorporate the name of his deceased father in the certificate and mark statements issued by the Central Board of Secondary Education was declined, and for other related reliefs. Material facts for the disposal of the writ petition are as follows:

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Petitioner is born in the wedlock of Sri. Fasal

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Rahman @ Faslu Rahiman K.M., and Smt. Asma @ Asmali, on 05.09.1997, evident from Ext.P1 birth certificate. Father of the petitioner expired on 31.12.2004, evident from Ext.P2 death certificate. Mother of the petitioner re-married Puthiyaveettil Nalakath Sameer Siddique on 13.07.2008, evident from Ext.P3 certificate of marriage. On the remarriage of the mother of the petitioner, step-father of the petitioner submitted a Guardian O.P. as G.O.P No.981 of 2008 before the Family Court, Thrissur, praying for appointing him as the guardian of the petitioner, who was a minor then. The

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W.P.(C) No.2240 of 2017 2

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intention behind filing Guardian O.P. was to take the petitioner along with his mother abroad, to reside together with the stepfather, who was working abroad at that time. By order dated 19.07.2008, Guardian O.P. was allowed and the step-father ws appointed as the guardian of the petitioner, evident from Ext.P5. Thereupon, petitioner was taken abroad and resided together with mother and the step-father. According to the petitioner, the mother and the step-father was taking utmost care and was extending love and affection in abundance. While so, petitioner obtained Transfer Certificate from Hari Sri Vidya Nidhi School for accompanying mother and step-father to Qatar and joined Birla Public School, recognized by the Ministry of Education, Government of Qatar and affiliated to the 1st respondent, CBSE, New Delhi, evident from Exts.P6 and P7 admission register and Transfer Certificate dated 16.04.2004 and 18.07.2008 respectively.

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Petitioner appeared for the Secondary School Examination in the Session 2012-2014. Ext.P8 Grade Sheet is issued, which includes the mark statement of the petitioner. Petitioner appeared for Senior School Certificate Examination 2016, conducted by the 1st respondent, and the Mark

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W.P.(C) No.2240 of 2017 3

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Statement is produced and marked as Ext.P9. Exts.P10 and P11 are certificates issued by the 1st respondent dated 21.05.2016 and 31.08.2016, respectively.

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Grievance of the petitioner is that, in all certificates and Mark Statements of the petitioner, father's/guardian's name is shown as P.N. Sameer Siddique. When Sri. P.N. Sameer Siddique's name is shown as the guardian of the petitioner, petitioner's father's name, i.e. Sri. Fasal Rahman is not shown in the records. Thereafter, petitioner joined for B.Tech in Federal Institute of Science and Technology, Angamaly, a College affiliated to A.P.J Abdul Kalam Technological University, Thiruvananthapuram. At that point of time, the college authorities informed the petitioner that the certificates bearing the name of the father of the petitioner as Sri. Fasal Rahman only will be accepted and the registration formalities with the University completed. Accordingly, a request letter dated 01.12.2016 was submitted by the guardian of the petitioner, evident from Ext.P12, before the School authorities at Qatar. Ext.P13 request was made along with the recommendation of the Principal before the 1st respondent and all documents were produced to incorporate

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W.P.(C) No.2240 of 2017

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the name of the father of the petitioner. However, the same was declined as per Ext.P16 dated 03.01.2017. It is thus seeking to quash Ext.P16, this writ petition is filed.

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First respondent has filed a statement basically admitting the facts put forth by the petitioner, however, stating that the respondents are functioning in accordance with the stipulations contained in Annexure R1(a) notification dated 25.06.2015, and according to which, an application for correction in name or surname of candidates may be considered, provided the changes have been admitted by the Court of law and notified in the Government Gazette before the publication of the result of the candidate. That apart, it is contended that, as per Annexure R1(b) judgment of the Delhi High Court in LP No.41 of 2017, it is held that corrections can be carried out only in accordance with the terms of Annexure R1(a) notification. Therefore, 1st respondent contends that the request made by the petitioner is not sustainable under law.

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A reply affidavit is filed by the petitioner reiterating the stand adopted in the writ petition.

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Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents, and

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W.P.(C) No.2240 of 2017

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perused the documents on record and the pleadings put forth by the respective parties.

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However, 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 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, I quash Ext.P16 and direct the 2^nd respondent to re-consider the application submitted by the petitioner, taking into account Ext.P1 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

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W.P.(C) No.2240 of 2017

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production of receipt of the payment of fine of Rs.5,000/(Rupees Five thousand only).

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY

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JUDGE

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