Petitioner filed a writ petition to correct his date of birth in his CBSE passing certificate. The Court directed the school and CBSE to correct records and issued a one-month deadline, imposing a penalty.
School and CBSE directed to correct school records and examination certificate within three weeks and one month respectively.
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 A.MUHAMED MUSTAQUE
WEDNESDAY,THE 06TH DAY OF MARCH 2019 / 15TH PHALGUNA, 1940
WP(C).No. 6664 of 2019
PETITIONER:
SREEKUTTAN VIJAYAN, AGED 23 YEARS, S/O.P.N.VIJAYAN, PUTHUSSERIL HOUSE, KAINY, PAMPAKKUDA P.O, ERNAKULAM DISTRICT.
BY ADVS. SRI.A.JAYASANKAR SMT.NIMMY JOHNSON SRI.ASHWIN SETHUMADHAVAN SRI.MANU GOVIND SRI.RAHUL SURENDRAN SRI.S.SABARINADH
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, II, COMMUNITY CENTRE, PREETH VIHAR, DELHI- 110 092, REPRESENTED BY ITS DIRECTOR.
2 CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI- 600 040, REPRESENTED BY ITS REGIONAL OFFICER.
3 THE ADVENTURE PUBLIC SCHOOL, KAKKOOR P.O., VETTIMOOD- 686 662, REPRESENTED BY ITS PRINCIPAL.
BY ADV. SRI. P.M. MANOJ GP
SR.GP SRI. S GOPINATHAN
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. 6664 of 2019
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JUDGMENT
The petitioner passed the Secondary School Examination of the Central Board of Secondary Education (CBSE) in the year 2011. The date of birth shown in the certificate as 16.06.1995. The actual date of birth as per the birth certificate is on 17.06.1995. Realizing the mistake, the petitioner approached the second respondent to correct his date of birth. This was rejected as per Ext. P5 stating that it was out of time.
The school authority, to third respondent shall correct the school records of the petitioner and forward the records to the second respondent. This shall be done within three weeks. The second respondent, on being satisfied with the genuineness of birth certificate produced by the petitioner, shall correct the date of birth in the certificate. This shall be done within a period of one month. Considering the delay involved in the matter, the petitioner shall pay a sum of ` 5,000/-(Rupees five thousand only) to the CBSE.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
akv
WP(C).No. 6664 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE PETITIONER'S BIRTH CERTIFICATE ISSUED FROM THE THODUPUZHA MUNICIPALITY.
EXHIBIT P2 COPY OF THE EXTRACT FROM THE ADMISSION REGISTER MAINTAINED BY THE 3RD RESPONDENT.
EXHIBIT P3 COPY OF THE PETITIONER'S CERTIFICATE OF CONTINUOUS AND COMPREHENSIVE EVALUATION ISSUED BY THE 1ST RESPONDENT DATED 31.05.2011.
EXHIBIT P4 APPLICATION FOR CORRECTION OF PETITIONER'S DATED OF BIRTH SUBMITTED BY THE THIRD RESPONDENT, WITH COVERING LETTER DATED 19.12.2018.
EXHIBIT P5 COP OF THE INTIMATION DATED 19.02.2019 FROM THE 2ND RESPONDENT TO THE THIRD RESPONDENT.
//TRUE COPY//
1 issue framed by the court
Whether the petitioner's request to correct the date of birth in his CBSE examination certificate should be granted despite the assertion that it was out of time.
Colour shows how this judgement treated each authority
several judgments of this courtRelied on¶19
Sreekuttan Vijayan
Central Board of Secondary Education
Adventure Public School, Kakkoor P.O.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
