Disposed

Anuja Varghese v. Central Board of Higher Secondary Education

Kerala HC22 Jun 2017WP(C)/7674/2015

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition seeking directions to the CBSE and the petitioner's school to correct the date of birth in academic certificates based on the birth certificate. The Court directed the school to update records immediately and the CBSE to effect the correction upon payment of fees.

What did the court decide?

The school was directed to correct the date of birth in school records and forward copies to CBSE; CBSE was directed to effect correction upon payment of Rs. 5,000.

Anuja Varghese Vs Central Board of Higher Secondary… — Education and Admissions | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

¶4

THURSDAY, THE 22ND DAY OF JUNE 2017/1ST ASHADHA, 1939

¶5

WP(C).No. 7674 of 2015 (H)

¶6

PETITIONER :

¶7

---------ANUJA VARGHESE, D/O. VARGHESE, KALLOOPARAPPALLIL HOUSE, CHAMAMPATHAL P.O., VAZOOR, ELAGOI, KOTTAYAM - 686 517.

¶8

BY ADV. SRI.A.C.DEVASIA

¶9

RESPONDENTS :

¶10

-----------

¶11

1. CENTRAL BOARD OF HIGHER SECONDARY EDUCATION REPRESENTED BY ITS DEPUTY SECRETARY, REGIONAL OFFICE, CHENNAI, NEW NUNBER 3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST CHENNAI) PIN - 600 040.

¶12

2. SECRETARY

¶13

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, CBSE, SECOND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM - 695 004.

¶14

ADDL. R3 IMPLEADED :

¶15

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

¶16

3. THE CARDINAL PADIYARA PUBLIC SCHOOL AND JUNIOR COLLEGE, REPRESENTED BY ITS PRINCIPAL, MANIMALA, KOTTAYAM DISTRICT, PIN - 686 543.

¶17

ADDL.R3 IMPLEADED AS PER ORDER DT 25/3/2015 IN IA 3954/2015

¶18

BY SRI. K.M. ANEESH, SC,

¶19

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶20

¶21

WP(C).No. 7674 of 2015 (H)

¶22

APPENDIX

¶23

PETITIONER(S)' EXHIBITS

¶24

EXHIBIT-P1:TRUE COPY OF THE BIRTH CERTIFICATE ISUED BY THE ADMINISTRATOR DATED 06/11/2014. EXHIBIT-P2:TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE BHARANANGANAM GRAMA PANCHAYATH DATED 02/06/2009. EXHIBIT-P3:TRUE COPY OF THE BAPTISM CERTIFICATE ISSUED BY THE VICAR OF THE CHURCH DATED 29/04/1997. EXHIBIT-P4:TRUE COPY OF THE T.C OF THE PETITIONER DATED 14/05/2001 AND APPLICATION DATED 14/05/2001. EXHIBIT-P5:TRUE COPY OF THE PASS CERTIFICATE AND THE MARK LIST ISSUED BY THE RESPONDENTS CONTROLLER OF EXAMINATION DATED 28/05/2007. EXHIBIT-P6:TRUE COPY OF THE FORMAT FOR CORRECTION IN DATED OF BIRTH APPLICATION ALONG WITH THE DEMAND DRAFT DATED 22/05/2013. EXHIBIT-P7:TRUE COPY OF THE REPLY BY THE IST RESPONDENT DATED 13/07/2013. RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY//

¶25

P.A. TO JUDGE

¶26

¶27

P.B. SURESH KUMAR, J.

¶28

W.P.(C) No.7674 of 2015

¶29

Dated this the 22^nd day of June, 2017

¶30

JUDGMENT

¶31

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.

¶32

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

¶33

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

¶34

-2-

¶35

W.P.(C) No.7674 of 2015

¶36

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

¶37

reads as follows :

¶38

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.

¶39

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.

¶40

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

¶41

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

¶42

Having regard to the facts and circumstances

¶43

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

¶44

follows :

¶45

-3-

¶46

W.P.(C) No.7674 of 2015

¶47

(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.

¶48

(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.

¶49

Sd/- P.B.SURESH KUMAR JUDGE

¶50

bpr

Anuja Varghese v. Central Board of Higher Secondary Education

Case brief

What is this about?

What did the court decide?

Anuja Varghese v. Central Board of Higher 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

Gangadharan Vs Ashok Kumar

Sreekuttan A.V Vs Srinivas B.

Abdul Rasack. v Vs District Collector

Kunhimohammed Vs Suma

Rajesh Kumar Ov. Vs Kerala State Electricity Board Ltd.

Rateesh Vs Village Officer