This High Court of Kerala Writ Petition quashed a CBSE letter rejecting a minor's application to correct his father's name in his SSLC certificate and directed the Board to reconsider it within a month.
Ext.P8 quashed; 2nd respondent directed to reconsider application within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
WP(C).No. 5320 of 2019
PETITIONER/S:
JOSEPH DANIEL.K.J.(AGED 17 YEARS), S/O JAMES K.J, KATTUMPURATH HOUSE, PARAMBITHARA ROAD, PANAMPILLY NAGAR, ERNAKULAM, PIN-682 036, A MINOR, REPRESENTED BY HIS MOTHER MRS. JAMEELA JAMES, AGED 51, W/O MR JAMES K.J, KATTUMPURATH HOUSE, PARAMBITHARA ROAD, PANAMPILLY NAGAR, ERNAKULAM, PIN682 036.
BY ADVS. SRI.INNOCENT FRANCIS PAPALI SHRI.VIMAL T.S. SMT.ASHA MARIAM MATHEWS SMT.ROSHITHA A.U. SRI.K.X.STERVIN
RESPONDENT/S:
1 CENTRAL BOARD OF SECONDARY EDUCATION (HEAD OFFICE), SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI, PIN-110 092.
2 CENTRAL BOARD OF SECONDARY EDUCATION, THIRUVANANTHAPURAM REGION, BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, KERALA, PIN-695 004.
3 THE PRINCIPAL, TOC-H PUBLIC SCHOOL, TOC-H ROAD, TOC-H NAGAR, VYTILA, ERNAKULAM, KERALA, PIN-682 019. R1 & R2 BY ADV. SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5320 of 2019 2
JUDGMENT
Petitioner is a student studying in Class XII in
Toc H Public School, Vyttila, Ernakulam. The grievance of the petitioner is that, though an application was submitted to the 2nd respondent seeking correction of the certificate issued by the CBSE for Class X through the Principal of School, it was rejected as per Ext.P8.
Ext.P8 and a consequential direction to the 2nd respondent to reconsider the application submitted by the petitioner.
this Court in Subin Mohammed v. Union of India [2016(1) KLT 340] and has held that, correction is
WP(C).No. 5320 of 2019 3
possible in order to protect the larger interests of the students. In am of the considered opinion that the same yardstick can be adopted in this case also.
The writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
uu 06.03.2019
WP(C).No. 5320 of 2019 4
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 | A TRUE COPY OF THE BIRTH CERTIFICATE DATED 30-01-2019 OF THE PETITIONER ISSUED BY THE CORPORATION OF KOCHI |
|---|---|---|
| EXHIBIT | P2 | A TRUE COPY OF THE IST PAGE OF THE SECONDARY SCHOOL LEAVING CERTIFICATE (SSLC) OF THE PETITIONER'S FATHER SHOWING HIS NAME AS JAMES K.J |
| EXHIBIT | P3 | A TRUE COPY OF THE SAID SECONDARY SCHOOL LEAVING CERTIFICATE BEARING NO. 1900646 WITH ROLL NO. 4304971/2017 DATED 03-06-2017 OF THE PETITIONER ISSUED BY THE IST RESPONDENT, CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI |
| EXHIBIT | P4 | A TRUE COPY OF THE SAID AADHAAR CARD NO. 872006436083 OF THE PETITIONER |
| EXHIBIT | P5 | A TRUE COPY OF THE AADHAAR CARD NO. 5345 8665 8660 OF THE FATHER OF THE PETITIONER |
| EXHIBIT | P6 | A TRUE COPY OF THE PAN CARD NO.AIZPJ8453D OF THE FATHER OF THE PETITIONER. |
| EXHIBIT | P7 | A TRUE COPY OF THE PASSPORT NO. 4181069 OF THE PETITIONER'S FATHER. |
| EXHIBIT |
P8 |
A TRUE COPY OF THE LETTER DATED 08-12- 2018 SENT BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT SCHOOL |
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioner is entitled to correction of his father's name in the SSLC certificate issued by CBSE based on his birth certificate.
Colour shows how this judgement treated each authority
Subin Mohammed v. Union of IndiaFollowed¶22
Subin Mohammed v. Union of India [2016(1) KLT 340]
Joseph Daniel.K.J.
Central Board of Secondary Education (Head Office)
Central Board of Secondary Education, Thiruvananthapuram Region
The Principal, TOC-H Public School
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
