Allowed

Anjali K.S., v. the Central Board of Secondary Education

Kerala HC10 Jun 2019WP(C)/15492/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the refusal to correct the date of birth and father's name on a CBSE examination certificate. Relying on prior precedent, the Court directed the CBSE Regional Officer to reconsider the application upon payment of a fine and instructed the school to make necessary corrections.

What did the court decide?

Direction to the 2nd respondent to reconsider the application with correction upon payment of Rs. 5000/-; direction to the 3rd respondent to carry out necessary correction.

Anjali K.S., Vs the Central Board of Secondary… — Education and Admissions | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941

¶5

WP(C).No. 15492 of 2019

¶6

PETITIONER/S:

¶7

ANJALI K.S.,

¶8

D/O.SOMAKUMAR, KOROMPARAMBIL HOUSE, WEST OF B.H.S., P.O.KODUNGALLUR, THRISSUR DISTRICT, PIN - 680 664. (REPRESENTED BY HER FATHER SOMAKUMAR).

¶9

BY ADV. SRI.P.K.MANOMOHANAN

¶10

RESPONDENT/S:

¶11

1 THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092.

¶12

2 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630 A, J.BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600 040.

¶13

3 THE PRINCIPAL,

¶14

S.N.VIDYA BHAVAN SENIOR SECONDARY SCHOOL, CHENTRAPPINNI, TRICHUR DISTRICT - 680 569.

¶15

R1 & R2 BY SRI.S.NIRMAL, SC CBSE

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 15492 of 2019 2

¶18

JUDGMENT

¶19

Petitioner passed CBSE examinations in the year

¶20

2006, and obtained certificates and mark list. According to the petitioner, the date of birth and name of the father of the petitioner is wrongly recorded as '09.09.1990 and Somkumar.K.P' instead of

¶21

'11.09.1990 and Somakumar.K.P'. Even though,

¶22

petitioner has submitted an application before the 2^nd respondent, it was rejected as per Ext.P5 order stating that, the application is belated and in accordance with the provisions of the Examination Bye-laws of CBSE, correction cannot be effected.

¶23

Case projected by the petitioner is that, this court had occasion to consider the same issue and has held in Subin Mohammed V/s Union of India (2016(1) KLT 340) that correction is possible, however, imposing a fine of Rs.5000/-. I am of the considered opinion that, petitioner is also entitled to get the benefit of the proposition of law laid down by this court.

¶24

Having heard learned counsel for the petitioner and learned Standing Counsel for the respondents 1 and 2, this writ petition is allowed in terms of the judgment specified above, and there will be a

¶25

WP(C).No. 15492 of 2019 3

¶26

direction to the 2^nd respondent to reconsider the application submitted by the petitioner, taking into account Ext.P3 birth certificate and also on payment of an amount of Rs.5000/-, at the earliest and at any rate, within 45 days from the date of receipt of a copy of this judgment.

¶27

The 3^rd respondent school is directed to carry

¶28

out necessary correction and forward the same to the 2^nd respondent for appropriate action in accordance with the directions contained above.

¶29

The writ petition is allowed to the above

¶30

extent.

¶31

uu 10.06.2019

¶32

WP(C).No. 15492 of 2019 4

¶33

APPENDIX

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT P1 TRUE COPY OF TRANSFER CERTIFICATE NO.7/98-99 DATED 06/05/1998 ISSUED BY MARTHOMA E.M.U.P.SCHOOL. EXHIBIT P2 TRUE COPY OF CERTIFICATE OF MARK STATEMENT OF SECONDARY SCHOOL EXAMINATION NO.029454 DATED 27/05/2006 ISSUED BY RESPONDENT NO.1. EXHIBIT P3 TRUE COPY OF BIRTH CERTIFICATE NO.2604/1990 DATED 20/09/1990 ISSUED BY COCHIN CORPORATION.

¶36

EXHIBIT P4 TRUE COPY RELEVANT PAGES OF PASSPORT NO.198383 DATED 12/06/2015 ISSUE BY PASSPORT AUTHORITIES COCHIN.

¶37

EXHIBIT P5 TRUE COPY LETTER DATED 15/03/2019 RECEIVED FROM RESPONDENT NO.2, C.B.S.E. REGIONAL OFFICE EXHIBIT P6 TRUE COPY APPLICATION DATED 10/05/2019 BY THE PETITIONER TO THE RESPONDENT NO.1.

Anjali K.S., v. the Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Anjali K.S., v. the 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

Parties & counsel

Coram

Case details

Similar cases

Sabumon Lukose Vs Dr. K. P. Indiradevi

K.v.Kumar, Vs Kerala Water Authority

Sree Kurumba Bhagavathy Temple Vs the District Magistrate and District Collector

Capt.Satheesh Kumar.K.a Vs Government of India

Kadeeja.M Vs Commissioner of Civil Supplies

Arun Hareendran & Ors. Vs the Principal,Kannur Medical College&Ors