Allowed

N.K.Muhammed Aslam v. the Regional Officer Central Board of Secondary Education

Kerala HC3 Nov 2017WP(C)/35269/2017

Case brief

AI extract

What is this about?

The Court directed the school to correct the petitioner's parent names in school records based on his Birth Certificate and forward them to CBSE. CBSE was directed to correct CBSE certificates against these records upon payment of Rs.5,000.

What did the court decide?

Directing the school to correct parent names in records based on Birth Certificate and forward to CBSE; directing CBSE to correct certificates upon payment of Rs.5,000 within two months.

N.K.Muhammed Aslam Vs the Regional Officer Central… — Education and Admissions | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

¶4

FRIDAY, THE 3RD DAY OF NOVEMBER 2017/12TH KARTHIKA, 1939

¶5

WP(C).No. 35269 of 2017 (G)

¶6

PETITIONER:

¶7

N.K.MUHAMMED ASLAM,

¶8

S/O.KUNJU MUHAMMED N.S., NAYATH HOUSE, VAZHAKULAM, ALUVA, ERNAKULAM DIST.

¶9

BY ADV. SRI.M.J.SANTHOSH

¶10

RESPONDENT(S) NO 1 & 2: -----------------------

¶11

1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK B, LIC DIVISIONAL OFFICE CAMPUS, PATTAM, THIRUVANANTHAPURAM, 695004

¶12

2. THE PRINCIPAL, JYOTHI PUBLIC SCHOOL, ERUMATHALA PO, NALAMILE, ERNAKULAM DIST. 683112

¶13

R1 BY ADV. SRI.NIRMAL S, SC

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

K.V.

¶16

WP(C).No. 35269 of 2017 (G) ----------------------------

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS ----------------------EXHIBIT P1 TRUE COPY OF THE MARK LIST OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONERS EXHIBIT P3 TRUE COPY OF THE SSLC BOOK OF THE PETITIONERS MOTHER EXHIBIT P4 TRUE COPY OF THE SSLC BOOK OF THE PETITIONER'S FATHER EXHIBIT P5 TRUE COPY OF THE 1ST RESPONDENT DATED 16.09.2017 RESPONDENT(S)' EXHIBITS NIL -----------------------

¶19

/TRUE COPY/

¶20

K.V. P.S.TO JUDGE

¶21

K. VINOD CHANDRAN, J.

¶22

---------------------------------W.P(C). No.35269 of 2017 [G]

¶23

---------------------------------Dated this the 3^rd day of November, 2017

¶24

JUDGMENT

¶25

The petitioner seek directions to the Central Board of Secondary Education (CBSE) to correct the mistake in the certificates issued to the petitioner as regards the name of his father and mother.

¶26

Heard the leaned Counsel for the petitioner

¶27

as also the learned Standing Counsel for the CBSE.

¶28

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

¶29

W.P(C). No.35269 of 2017 [G]

¶30

¶31

portion of the said judgment reads as follows:

¶32

“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.

¶33

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.

¶34

iii. CBSE can demand in advance a consolidated fee including all expenses for processing such applications.

¶35

iv. Each of the petitioners shall pay Rs.5,000/- (Rupees five thousand only) as cost to CBSE within a period of one month.”

¶36

Having regard to the facts and circumstances

¶37

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

¶38

i. The concerned authority of the School in which the petitioner has studied shall correct the name of the father and mother of the petitioner

¶39

W.P(C). No.35269 of 2017 [G]

¶40

¶41

entered in the School records based on his Birth Certificate produced as Ext.P2 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.

¶42

ii. The CBSE shall carry out the correction sought by the petitioner based on Ext.P2 Birth Certificate and the corrected School records, on payment of Rs.5,000/- within two months thereafter.

¶43

The writ petition would stand disposed of. No costs.

¶44

Sd/-

¶45

K. VINOD CHANDRAN,

JUDGE.

//True Copy//

P.A. to Judge

sp/10/11/17

N.K.Muhammed Aslam v. the Regional Officer Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

N.K.Muhammed Aslam v. the Regional Officer Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rosamma Vs District Collector

Reena Bobby Vs All India Counsel for the Technical Education

Krishnankutty Eacheran Vs Inspector General of Registrations

M.M.Thomas Vs State of Kerala

Kum.Shiya Vs State of Kerala

Tankamma Samuel Vs District Collector