Disposed

Ardra a.R.Rathnam v. Central Boared of Secondary Education (Cbse)

Kerala HC15 Nov 2017WP(C)/36665/2017

Case brief

AI extract

What is this about?

This court issued directions to the school and CBSE to correct the petitioner's date of birth in school records and certificates based on her birth certificate, upholding a prior precedent requiring a fee of Rs. 5,000.

What did the court decide?

The school to correct records and forward copies to CBSE within two weeks; CBSE to correct the certificate within two months upon payment of Rs. 5,000.

Ardra a.R.Rathnam Vs Central Boared of Secondary… — 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

WEDNESDAY, THE 15TH DAY OF NOVEMBER 2017/24TH KARTHIKA, 1939

¶5

WP(C).No. 36665 of 2017 (G)

¶6

PETITIONER :

¶7

ARDRA A.R.RATHNAM,

¶8

D/O. RAJAN K.P., AGED 26, RESIDING AT 'ARDRAM', SIVAPURAM, P.O.KARAYATHANKAVU, KOZHIKODE DISTRICT.

¶9

BY ADVS.SRI.V.N.RAMESAN NAMBISAN SRI.BENOY SASI

¶10

RESPONDENTS :

¶11

CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, J BLOCK, ANNA NAGAR (WEST), CHENNAI, PIN - 600 040.

¶12

THE PRINCIPAL, GRACE PUBLIC SCHOOL, P.B.NO. 2, SALFI CAMPUS, PAYYOLI ANGADI P.O., KULUPPA, KOZHIKODE, PIN - 673 523.

¶13

BY SRI.NIRMAL S., SC, CBSE

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No. 36665 of 2017 (G)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS

¶18

EXHIBIT P1 TRUE COPY OF THE HIGHER SECONDARY SCHOOL CERTIFICATE ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT DATED 27.05.2008.

¶19

EXHIBIT P2 TRUE COPY OF THE PETITIONER'S BIRTH CERTIFICATE DATED 26.11.1991 ISSUED BY THE KOZHIKODE CORPORATION.

¶20

EXHIBIT P3 TRUE COPY OF THE PETITIONER'S BIRTH CERTIFICATE DATED 17.08.2013 ISSUED BY THE GOVERNMENT OF KERALA, DEPARTMENT OF URBAN AFFAIRS.

¶21

EXHIBIT P4 TRUE COPY OF THE PASSPORT OF THE PETITIONER NO. L2846684 DATED 25.09.2013.

¶22

EXHIBIT P5 TRUE COPY OF THE ORDER NO. CBSE/ROM/CORRN REJ/2017/10396 DATED 27.10.2017 OF THE 1ST RESPONDENT.

¶23

EXHIBIT P6 TRUE COPY OF CIRCULAR NO.CBSE/COORD/EC-31-03/2015 DATED 25.06.2015 ISSUED BY THE 1ST RESPONDENT.

¶24

EXHIBIT P7 TRUE COPY OF JUDGMENT DATED 17.01.2015 IN W.P.(C)NO. 24239 OF 2015.

¶25

RESPONDENTS' EXHIBITS :- NIL.

¶26

True copy

¶27

P.A.to Judge

¶28

K. VINOD CHANDRAN, J

¶29

- - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 36665 of 2017 G

¶30

- - - - - - - - - - - - - - - - - - - - - - - - - - - -

¶31

Dated this the 15^th day of November, 2017

¶32

J U D G M E N T

¶33

The petitioner seeks directions to the Central Board

¶34

of Secondary Education (CBSE) to correct the mistake in

¶35

the certificates issued to the petitioner as regards the date of birth of the petitioner.

¶36

Heard the leaned Counsel for the petitioner

¶37

as also the learned Standing Counsel for the CBSE.

¶38

Identical cases, in the context of mistakes as

¶39

to the date of birth, have been considered by this Court in

¶40

Subin Mohammed v. Union of India [2016 (1) KLT 340] and directions have been issued to the CBSE to

¶41

carry out the corrections sought on payment of a sum

¶42

of Rs.5,000/-. The operative portion of the said

¶43

judgment reads as follows:

¶44

i. That CBSE shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth

¶45

WPC.No. 36665/2017

¶46

: 2 :

¶47

certificates issued by the statutory authority, if the request is found to be genuine.

¶48

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.

¶49

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

¶50

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

¶51

Having regard to the facts and

¶52

circumstances of the case, as also the submissions made

¶53

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

¶54

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 his birth certificate 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.

¶55

ii. The CBSE shall carry out the correction sought by the petitioner based on the birth certificate and the corrected

¶56

WPC.No. 36665/2017

¶57

: 3 :

¶58

school records, on payment of Rs.5,000/within two months thereafter.

¶59

The writ petition would stand disposed of. No

costs.

Sd/-

jma

(K. VINOD CHANDRAN, JUDGE) //true copy//

¶64

P.A to Judge

Ardra a.R.Rathnam v. Central Boared of Secondary Education (Cbse)

Case brief

What is this about?

What did the court decide?

Ardra a.R.Rathnam v. Central Boared of Secondary Education (Cbse)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ouseph Thomas @ a.J.Thomas Vs State of Kerala

Somtech Computers Vs the Executive Chairman

Saleem.C. Vs the Chief Coordinator & District Collector, Akshya Project, Kozhikode

Rajan M v Vs Special Deputy Tahsildar(Rr), Ksfe Limited

Krishnendhu B.M.(Minor) Vs Malabar Sahodaya Kalotsav Committee

Vincent Vs Land Tribunal Appellate Authority, Alappuzha