Allowed

Bharath S.Nair, Minor Represented by Mother Rekha Nair v. Principal, Sri Sai Vidya Vihar

Kerala HC13 Jun 2017WP(C)/9879/2017

Case brief

AI extract

What is this about?

The High Court directed the mother of a CBSE student to have her name corrected in school records and the CBSE to amend the migration certificate and performance sheet based on a Gazette notification, subject to a fee.

What did the court decide?

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

Bharath S.Nair, Minor Represented by Mother Rekha… — 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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TUESDAY, THE 13TH DAY OF JUNE 2017/23RD JYAISHTA, 1939

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WP(C).No. 9879 of 2017 (H)

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PETITIONER(S) :

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1. BHARATH S.NAIR, AGED 17 YEARS, MINOR, REPRESENTED BY GUARDIAN AND MOTHER REKHA NAIR, SAI LAKSHMI, NEAR MOOLEPEDIKA MASJID, WEST KADUNGALLOOR P.O., ALUVA, PIN- 683 110.

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2. REKHA NAIR,

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AGED 44 YEARS, D/O.G.PARAMESWARAN NAIR, SAI LAKSHMI, NEAR MOOLEPEDIKA MASJID, WEST KADUNGALLOOR P.O., ALUVA, PIN 683 110.

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BY ADV. SRI.V.N.SUNIL KUMAR

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RESPONDENT(S) :

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1. THE PRINCIPAL, SRI SAI VIDYA VIHAR, THIRUVALOOR, ALUVA, PIN: 683 511.

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2. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EXAMINATIONS, REGIONAL OFFICE, 2ND FLOOR, BLOCK B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, PIN: 695 004.

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BY ADV. SRI.K.M.ANEESH, S.C ADV. SRI.ADARSH KUMAR, S.C

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-06-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 9879 of 2017 (H)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT-P1: TRUE COPY OF THE ADHAR CARD OF THE 2ND PETITIONER. EXHIBIT-P2: TRUE COPY OF THE IDENTITY CARD ISSUED BY ELECTION COMMISSION OF INDIA TO THE 2ND PETITIONER.

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EXHIBIT-P3: TRUE COPY OF THE RATION CARD ISSUED BY THE TALUK SUPPLY OFFICER, N.PARAVUR TO THE 2ND PETITIONER.

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EXHIBIT-P4: TRUE COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 09.02.2016 SHOWING CHANGE OF NAME OF 2ND PETITIONER AS REKHA NAIR.

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EXHIBIT-P5: TRUE COPY OF THE AADHAR CARD OF THE 1ST PETITIONER. EXHIBIT-P6: TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE 1ST PETITIONER BY SUB REGISTRAR OF BIRTHS AND DEATHS, CORPORATION OF THIRUVANANTHAPURAM.

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EXHIBIT-P7: TRUE COPY OF THE MIGRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

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EXHIBIT-P8: TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

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EXHIBIT-P9: TRUE COPY OF THE REQUEST SUBMITTED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT FOR CHANGE OF NAME.

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EXHIBIT-P10: TRUE COPY OF THE REJECTION LETTER ISSUED BY THE 2ND RESPONDENT.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

P.B.SURESH KUMAR, J.

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W.P.(C) No.9879 of 2017

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Dated 13^th June, 2017

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J U D G M E N T

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The first petitioner has passed the Secondary School Examination conducted by the Central Board of Secondary Education, Delhi (CBSE). The mother of the first petitioner, viz, the second petitioner had changed her name from L.P.Anitha to Rekha Nair by a gazette notification dated 17.12.2015. It is seen that the change of name of the second petitioner was not brought to the notice of the school where the first petitioner was studying and consequently, in Ext.P8 Secondary School Examination Certificate and Ext.P7 migration certificate issued by the CBSE, the name of the second petitioner is shown as L.P.Anitha. The request made by the petitioners for correction of the said mistake has not been considered by the CBSE. The petitioners, therefore, seek directions to the CBSE to correct the

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WPC No.9879 of 2017

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name of the second petitioner in Exts.P7 and P8 certificates issued to the first petitioner.

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Heard the learned counsel for the petitioners 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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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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WPC No.9879 of 2017

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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 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 first petitioner has studied shall correct the name of th e second petitioner entered in the school records based on the gazette notification 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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(ii) The CBSE shall carry out the correction sought by the petitioners based on the gazette notification and

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WPC No.9879 of 2017

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the corrected school records, on payment of Rs.5000/-, within two months thereafter.

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Sd/-

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P.B.SURESH KUMAR, JUDGE.

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tgs

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(true copy)

Bharath S.Nair, Minor Represented by Mother Rekha Nair v. Principal, Sri Sai Vidya Vihar

Case brief

What is this about?

What did the court decide?

Bharath S.Nair, Minor Represented by Mother Rekha Nair v. Principal, Sri Sai Vidya Vihar

Case brief

What is this about?

What did the court decide?

What the court decided

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