Allowed

Ameena.S v. Union of India

Kerala HC11 Apr 2018WP(C)/3691/2018

Case brief

AI extract

What is this about?

Petitioner sought correction of her mother's name in school grade sheets based on a Birth Certificate. The school rejected the request, insisting on a government gazette notification. The High Court relied on prior precedent to hold the rejection unsustainable and directed the school to reconsider and correct the records.

What did the court decide?

Order dated 22/3/2018 rejected; impugned order dated 09/10/2017 quashed; school directed to correct records within one month.

Ameena.S Vs Union of India — Education and Admissions | Kerala HC (2018)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 11TH DAY OF APRIL 2018 / 21ST CHAITHRA, 1940

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WP(C).No. 3691 of 2018

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

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PETITIONER :

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AMEENA.S AGED 17 YEARS, D/O. JOLY S RESIDING AT AMEENA MANZIL, PARIPPALLY P.O, KOLLAM DISTRICT, PIN 691 574 REPRESENTED BY HER MOTHER JOLY S.@ JAMEELA BEEVI, W/O. SANOOJ A, RESIDING AT AMEENA MANZIL, PARIPPALLY P.O, KOLLAM DISTRICT, PIN 691 574

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BY ADVS.SRI.J.R.PREM NAVAZ SRI.P.T.SHEEJISH

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RESPONDENTS :

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1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTRI BHAVAN, C-WING, DR.RAJENDRAPRASAD ROAD, NEW DELHI 110 001

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2. CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, (AN AUTONOMOUS ORGANISATION UNDER THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT)HEAD OFFICE NO. 2,SHIKSHA KENDRA COMMUNITY CENTER PRET VIHAR, NEW DELHI 110 092

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3. REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO:3(OLD NO. 1630-A1) V BLOCK, 16TH MAIN ROAD, ANNA NAGAR(WEST), CHENNAI 600 040

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4. THE PRINCIPAL MAHATMA GANDHI MEMORIAL MODEL SCHOOL, AYIROOR P.O, VARKALA, THIRUVANANTHAPURAM, PIN 695 310

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WP(C).No. 3691 of 2018 (J)

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*ADDL.R5 IMPLEADED :

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

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

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*ADDL. R5 IS IMPLEADED AS PER ORDER DATED 22/3/2018 IN IA 4517/2018

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R1 BY SRI.JAISHANKAR V.NAIR, CGC BY SRI.N.NAGARESH, ASG OF INDIA R2 TO R5 BY SRI.NIRMAL S., SC,

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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bp 13/4/2018

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WP(C).No. 3691 of 2018 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE BIRTH CERTIFICATE ISSUED UNDER SECTION 17 OF THE REGISTRATION OF BIRTHS AND DEATHS ACTS 1969 AND RULE 13 OF THE KERALA REGISTRATION OF BIRTHS AND DEATHS RULES 1999 BY THE DEPARTMENT OF URBAN AFFAIRS GOVERNMENT OF KERALA. EXHIBIT P2 THE TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF SECONDARY SCHOOL EXAMINATION ISSUED TO THE PETITIONER DATED 28-05-2016 EXHIBIT P3 THE TRUE COPY OF THE COMMUNICATION DATED 09-10-2017 ISSUED BY THE 4THR RESPONDENT MECHANICALLY REJECTING THE REQUEST FOR CORRECTION OF THE APPARENT ERROR IN THE NAME OF THE PETITIONERS MOTHER IN THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS : NIL.

//TRUE COPY//

P.A. TO JUDGE

bp 13/4/2018

SHAJI P. CHALY, J.

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W.P.(C) No.3691 of 2018

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----------------------------------------------Dated this the 11^th day of April, 2018

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JUDGMENT

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Petitioner has sought correction of her mother's name in the marksheets and grade sheets issued by the CBSE in tune with Ext.P1 Birth Certificate before the 4^th respondent school. However, the same was rejected by Ext.P3 by the 4^th respondent school holding that, the correction sought for with regard to changes in name or surname will be considered, provided, the changes have been admitted by the Court of Law and notified in the Government gazette before the publication of the result of the candidate.

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In my considered opinion, if there is a correction made in accordance with the provisions of the Births and Deaths Act, that is a validly constituted document in order to look into and carry out necessary correction in accordance with the same. Such issue was considered by a Division Bench of this Court in Subin Mohammed v. Union of India [2016(1) KLT 340] and directed to consider the

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W.P.(C) No.3691 of 2018

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application in accordance with the Birth Certificate issued by the statutory authority. In my considered opinion, the rejection made by the 4^th respondent school as per Ext.P3 cannot be sustained under law.

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Therefore, I quash the same and direct the 4^th respondent to re-consider the application in accordance with law taking into account the directives contained above and forward the same to the additional 5^th respondent. I also direct the 4^th respondent to carry out necessary correction in the school records taking into account the birth certificate and forward such correction also to the additional 5^th respondent. The additional 5^th respondent shall attain finality to the same on receipt of necessary papers from the 4^th respondent school at the earliest possible time and at any rate within a month from the date of receipt of such records.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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Smv/12.4.2018

Ameena.S v. Union of India

Case brief

What is this about?

What did the court decide?

Ameena.S v. Union of India

Case brief

What is this about?

What did the court decide?

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