Allowed

Lakshmi Priya Nair v. the Central Board of Secondary Education

Kerala HC22 Feb 2019WP(C)/3920/2019

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking correction in CBSE examination records. Directed respondents to consider the belated correction request in AISSE 2014 marks on payment of Rs.5,000/-, and to process the 10th standard certificate correction without delay.

What did the court decide?

Set aside rejection orders; directed respondents to consider correction of AISSE 2014 mark sheet upon payment of Rs.5,000/- and 10th standard certificate without delay within two months.

Lakshmi Priya Nair Vs the Central Board of Secondary… — 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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FRIDAY, THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940

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WP(C).No.3920 of 2019

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PETITIONER/S:

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LAKSHMI PRIYA NAIR AGED 21 YEARS D/O.K.PRAMOD KUMAR,SOPANAM EDATHIL HOUSE, KAKKANCHERY.P.O,KOYILANDY,KOZHIKODE-673620. BY ADVS. SRI.SANTHARAM.P SMT.AMRUTHA RAJ SMT.REKHA ARAVIND SRI.PAUL P. ABRAHAM SRI.V.C.SURESH BABU

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RESPONDENT/S:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS REGIONAL OFFICER,PLOT NO.3,J BLOCK, 16TH MAIN ROAD,ANNA NAGAR(WEST),CHENNAI600040.

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2 THE CONTROLLER OF EXAMINATION, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NEW NO.3(OLD NO.1630-A),16TH MAIN ROAD,ANNA NAGAR(WEST),CHENNAI-600040.

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3 KENDRIYA VIDYALAYA, VAYUSENA NAGAR,NAGPUR,MAHARASHTRA-440007,REP.BY THE PRINCIPAL.

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4 KENDRIYA VIDYALAYA, GOVINDAPURAM,CALICUT-673007,REP.BY THE PRINCIPAL.

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5 REGIONAL OFFICER,CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK-B,2ND FLOOR,LIC DIVISIONAL OFFICE CAMPUS,PATTOM, THIRUVANANTHAPURAM-695004, KERALA (ADDITIONAL 5TH RESPONDENT IMPLEADED AS PER ORDER DATED 22.02.2019)*

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BY ADV. SRI.NIRMAL S., SC, CBSE

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ADV.SRI.K.I.MAYAN KUTTY MATHER-R3 & R4

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3920 of 2019 2

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JUDGMENT

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The petitioner has approached this Court seeking directions to the respondents to correct the name of the petitioner in the CBSE records.

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Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.

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It is submitted by the learned counsel for the petitioner that Exts.P1 and P2 certificates of the petitioner require a correction in the name of the petitioner. It is stated that the petitioner had made appropriate applications with copies of a birth certificate and a notification issued making the corrections in her name. It is stated that the petitioner's request for correction in Ext.P2 has been rejected by Ext.P5 and the request for correction in Ext.P1 has been rejected by Ext.P6. It is stated that no justifiable reasons have been stated for the rejection.

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The learned counsel appearing for the CBSE submits that, Ext.P1 is the 12^th standard certificate and that the same can be corrected by the 1^st respondent. It is stated that in respect of the rejection by Ext.P5 it is stated that the request was belated, since the certificate was of the year

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WP(C).No.3920 of 2019 3

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It is stated that the said request can be considered only on payment of appropriate costs.

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I have considered the contentions advanced. It appears from Ext.P5 that the rejection in the AISSE 2014 mark sheet has been rejected on the ground of delay. A Division Bench of this Court in Subin Mohammed v. Union of India [2016 (1) KLT 340] has considered the issue of delayed applications for correction and has directed the consideration of such applications on payment of costs of Rs.5,000/-. In the above view of the matter, I am of the opinion that the request made by the petitioner is liable to be considered on the petitioner remitting a cost of Rs.5,000/-before the 5^th respondent. The rejection by Ext.P6 with respect to the 12^th class certificate does not contain any sustainable reason.

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Accordingly, Exts.P5 and P6 orders of rejection are set aside. There will be a direction to the 5^th respondent to take up the request of the petitioner for correction of her AISSE 2014 mark sheet and certificate and to consider the same in accordance with law, on the petitioner remitting an amount of Rs.5,000/- before the 5^th respondent. In respect of the 12^th class certificate, the 1^st respondent shall take up, consider and pass appropriate orders on the request made by the petitioner for correction without delay. Orders shall be passed as directed above within

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WP(C).No.3920 of 2019 4

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a period of two months from the date of receipt of a copy of this

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judgment.

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The writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.3920 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE GRADESHEET CUM CERTIFICATE OF PERFORMANCE OF THE PETITIONER IN SECONDARY SCHOOL EXAMINATION,2014. EXHIBIT P2 TRUE COPY OF MARK STATEMENT OF THE SENIOR SCHOOL CERTIFICATE EXAMINATION,2016 EXHIBIT P3 TRUE COPY OF BIRTH CERTIFICATE EXHIBIT P4 TRUE COPY OF PAGE NUMBER 80 O0F VOL.VII DATED 16TH JANUARY 2018,KERALA GAZETTE. EXHIBIT P5 TRUE COPY OF THE COMMUNICATION FROM THE 1ST RESPONDENT DATED 16.02.2018. EXHIBIT P6 TRUE COPY OF THE EMAIL RECEIVED FROM THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

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WP(C).No.3920 of 2019 6

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The following corrections are effected in the judgment dtd. 22.02.2019 in W.P.(C).3920/2019 as per order dtd. 21.06.2019 in I.A.2/2019.

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The words "Ext.P2" occurring in the 6^th line of the 3^rd paragraph is substituted with "Ext.P1" and "Ext.P1" occurring in the 7^th line is substituted with" Ext.P2".

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"12^th Standard" occurring in the Second line of 4^th paragraph is substituted with "10^th standard".

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"5^th respondent" occurring in the 9^th line of 5^th paragraph is substituted with "1^st respondent".

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"5^th respondent" occurring in the 2^nd and 5^th line of the 6^th paragraph is substituted with "1^st respondent".

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"1^st respondent" occurring in the 6^th line of the 6^th paragraph is substituted with "5^th respondent".

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Sd/JOINT REGISTRAR

Lakshmi Priya Nair v. the Central Board of Secondary Education

Case brief

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Lakshmi Priya Nair v. the Central Board of Secondary Education

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