Allowed

Farhan Fazal v. Central Board of Secondary Education

Kerala HC6 Feb 2019WP(C)/3432/2019

Case brief

AI extract

What is this about?

The Kerala High Court quashed orders rejecting a request to correct the petitioner's name in his CBSE certificate. It directed the 2nd respondent to reconsider the request within six weeks, citing the petitioner's birth certificate and gazette notification.

What did the court decide?

Ext. P4 and P5 set aside; direction to 2nd respondent to consider name correction within six weeks.

Farhan Fazal Vs Central Board of Secondary Education — Education and Admissions | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940

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WP(C).No. 3432 of 2019

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PETITIONER:

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FARHAN FAZAL AGED 18 YEARS S/O.MUHAMMED FAZAL.M, C.M.HOUSE, S S ROAD, CHIRAKKARA POST, KANNUR-670104.

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BY ADV. SMT.K.PUSHPAVATHI

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION NEW PLOT NO.3, J BLOCK, 16TH MURI ROAD, ANNA NAGAR, CHENNAI-600040, REPRESENTED BY ITS REGIONAL OFFICER.

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

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3 PRINCIPAL, M.E.S BAVA RESIDENTIAL SCHOOL, NEAR RAILWAY STATION, THALASSERY-670104.

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SRI.S.NIRMAL SC CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 3432 of 2019

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JUDGMENT

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The petitioner has approached this Court

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seeking the following reliefs;

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i) “issue a writ of certiorari quashing Exhibit P-4 and P5.

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ii) Issue writ of mandamus or other appropriate writ or order directing the 2^nd respondent to make necessary correction in the petitioner's name in Ext P1 certificate within the time limit”.

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Heard the learned counsel for the petitioner and the learned Standing Counsel

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appearing for the respondents.

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The Learned counsel for the petitioner

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submits that an application for correction of

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the petitioner's name has been submitted by

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the petitioner before the respondents. It was

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neglected by Ext.P4 stating that the

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WP(C).No. 3432 of 2019

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correction sought is not consonance with the school records. The Birth Certificate

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containing the correct name and the Gazette notification were produced before the respondents. However, by Ext.P5 communication, the request for correction was again rejected.

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Having heard the learned Standing

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Counsel as well, and I am of the opinion that, the request made by the petitioner for correction is liable to be considered, taking note of the Ext.P6 Birth Certificate and

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Ext.P2 Gazette notification.

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Ext.P4 and P5 are set aside. There

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will be a direction to the 2^nd respondent to consider the request of the petitioner for correction of name in the CBSE certificate, taking note of Exts.P2 and P6 within a period

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WP(C).No. 3432 of 2019

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of six weeks from the date of receipt of a copy of this judgment.

SD/-

ANU SIVARAMAN

JUDGE

SJ 06.02.2019

WP(C).No. 3432 of 2019

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-5-

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APPENDIX

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PETITIONER EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE CONTROLLER OF EXAMINATION, CBSE TO THE PETITIONER.

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EXHIBIT P2 A TRUE COPY OF THE GAZETTE NOTIFICATION DATED 12.02.2018 ISSUED BY THE GOVERNMENT OF KERALA. EXHIBIT P3 A TRUE COPY OF THE LETTER SENT BY THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE ORDER 14.11.2017 ISSUED BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT. EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 30.10.2018 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THALASSERY MUNICIPALITY. EXHIBIT P7 A TRUE COPY OF THE ADHAR CARD OF THE PETITIONER.

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EXHIBIT P8 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT ISSUED TO THE PETITIONER.

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SJ 06.02.2019

Farhan Fazal v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Farhan Fazal v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

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