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Mary Rose Joseph v. Director, Central Board of Secondary Education

Kerala HC14 Jul 2017WP(C)/23364/2017

Case brief

AI extract

What is this about?

This writ petition sought directions for the Central Board of Secondary Education to correct the petitioner's date of birth in her certificates. The court granted the relief, directing the school and CBSE to effect the correction upon payment of a fee, relying on prior precedent.

What did the court decide?

Directed school to correct records within two weeks; directed CBSE to correct entries based on corrected school records and birth certificate upon payment of Rs. 5,000 within two months.

Mary Rose Joseph Vs Director, 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 P.B.SURESH KUMAR

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FRIDAY, THE 14TH DAY OF JULY 2017/23RD ASHADHA, 1939

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WP(C).No. 23364 of 2017 (U)

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PETITIONER :

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MARY ROSE JOSEPH, AGED 25 YEARS, D/O. JOSEPH JOHN M, MAMKOOTTATHIL HOUSE, NARAKKAL, ERNAKULAM.

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BY ADV. SRI.MATHEW JAMES

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RESPONDENTS :

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1. DIRECTOR, CENTRAL BOARD OF SECONDARY EDUCATION, [REGIONAL OFFICE], N.H PLOT NO.3 [OLD PLOT NO.18304], ANNA NAGA WEST, CHENNAI 600 040.

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2. THE PRINCIPAL, KENDRIYA VIDYALAYA, ERNAKULAM, KADAVANTHARA, KOCHI, ERNAKULAM DISTRICT.

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BY SRI.NIRMAL.S, SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 23364 of 2017 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1: COPY OF THE MARKS STATEMENT. EXHIBIT P2: COPY OF THE BIRTH CERTIFICATE ISSUED BY THE CORPORATION OF COCHIN. EXHIBIT P3: COPY OF THE RELEVANT PAGE OF THE AGE CORRECTION APPLICATION. EXHIBIT P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, WHICH IS FORWARDED TO THE REGIONAL OFFICE, CBSE, CHENNAI AS PER ENDORSEMENT THEREIN DATED 7.7.17.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

P.B. SURESH KUMAR, J.

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W.P.(C) No.23364 of 2017

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Dated this the 14^th day of July, 2017

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JUDGMENT

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The petitioner seeks directions to the Central Board of Secondary Education (CBSE) to correct her date of birth entered in the certificates issued to her in accordance with her Birth Certificate.

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the CBSE.

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Identical cases have been considered by this 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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W.P.(C) No.23364 of 2017

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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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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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Having regard to the facts and circumstances

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of the case, as also the submissions made by the learned counsel on either side, the writ petition is disposed of as

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follows :

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(i) The concerned authority of the school, in which the petitioner has studied, shall correct the date of birth of the petitioner entered in the school records based on the birth certificate of the petitioner, and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of a copy of this judgment.

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-3-

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W.P.(C) No.23364 of 2017

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(ii) The CBSE shall carry out the correction sought by the petitioner based on the birth certificate and the corrected school records, on payment of Rs.5000/-, within two months thereafter.

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Sd/- P.B.SURESH KUMAR JUDGE

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bpr

Mary Rose Joseph v. Director, Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Mary Rose Joseph v. Director, Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

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