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Jithu S. v. Assistant Secretary, Central Board of Secondary Education

Kerala HC2 Nov 2017WP(C)/34984/2017

Case brief

AI extract

What is this about?

The High Court ordered school authorities to correct the petitioner's birth details in school records based on the birth certificate and forward these to CBSE. CBSE to amend the certificate on payment of Rs. 5,000 within two months.

What did the court decide?

School authorities to correct records and forward to CBSE; CBSE to correct certificate on payment of Rs. 5,000 within two months.

Jithu S. Vs Assistant Secretary, Central… — Pension and Retirement Benefits | 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 K.VINOD CHANDRAN

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THURSDAY, THE 2ND DAY OF NOVEMBER 2017/ 11TH KARTHIKA, 1939

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WP(C).No. 34984 of 2017 (W)

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PETITIONER :

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JITHU S., S/O.G.SOMAN PILLAI, JAYADEVI BHAVANAM, PRIYADARSHINI NAGAR-62-A, KILIKOLLUR P.O., KOLLAM -691 004.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENT(S):

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1. THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO:3, J-BLOCK, ANNA NAGAR (WEST) CHENNAI-40.

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2. THE JOINT SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR, BLOCK-G., LIC DIVISIONAL OFFICE CAMPUS, PATTOM P.O, THIRUVANANTHAPURAM -695 004.

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3. THE CHAIRMAN,

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CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREETH VIHAR, DELHI -110 092.

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4. THE CONTROLLER OF EXAMINATIONS,

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CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO:3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI -40.

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5. THE REGISTRAR OF BIRTHS AND DEATHS, THE KOLLAM MUNCIPAL CORPORATION, KOLLAM-691 001, REPRESENTED BY ITS SECRETARY.

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6. THE PRINCIPAL, S.N. TRUST CENTRAL SCHOOL, NEAR S.N.COLLEGE, KOLLAM-691 001.

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7. THE PRINCIPAL, ROSE DALE ENGLISH MEDIUM L.P. SCHOOL, POLAYATHODE, KOLLAM -691 001.

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R1 TO R4 BY SRI.NIRMAL S., SC, CBSE R5 BY SRI.M.K.CHANDRA MOHAN DAS,SC,

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 34984 of 2017 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE BIRTH CERTIFICATE DATED 09.12.1992 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, QUILON MUNICIPALITY TO THE PETITIONER.

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EXHIBIT P2 THE TRUE COPY OF THE MARK LIST DATED 24.05.2005 ISSUED BY THE RESPONDENTS 1 TO 4 TO THE PETITIONER.

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EXHIBIT P3 THE TRUE COPY OF THE CERTIFICATE DATED 24.05.2005 ISSUED BY THE RESPONDENTS 1 TO 4 TO THE PETITIONER.

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EXHIBIT P4 THE TRUE COPY OF THE BIRTH CERTIFICATE DATED 26.10.2017 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KOLLAM CORPORATION TO THE PETITIONER.

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RESPONDENT(S)' EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

K.VINOD CHANDRAN, J.

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W.P.(C)No.34984 of 2017 (W)

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Dated this the 2^nd day of November, 2017

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JUDGMENT

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The petitioner seeks direction to the Central Board of Secondary Education (CBSE) to correct the mistakes in the certificate issued to the petitioner as regards the date of birth of the petitioner and his mother's name.

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

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Identical cases, in the context of mistakes as to the date of birth, 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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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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W.P.(C)No.34984/2017

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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 of the

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case, as also the submissions made by the learned Counsel on either side, the writ petition is disposed of as 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 and his mother's name entered in the school records based on his birth certificate and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of the certified copy of this judgment.

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W.P.(C)No.34984/2017

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ii. The CBSE shall carry out the corrections sought by the petitioner based on the birth certificate and the corrected school records, on payment of Rs.5,000/- within two months thereafter.

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The writ petition would stand disposed of. No costs.

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Sd/-

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K.VINOD CHANDRAN, JUDGE

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skj

Jithu S. v. Assistant Secretary, Central Board of Secondary Education

Case brief

What is this about?

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Jithu S. v. Assistant Secretary, Central Board of Secondary Education

Case brief

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