Partly allowed

Central Board of Secondary Education (Cbse), v. Abin Devasia (Minor)

Kerala HC24 Nov 2020WA/1490/2020

Case brief

AI extract

What is this about?

An appeal against a Single Judge order directing CBSE to correct a student's certificates to match a birth certificate. The Court modified the order, directing the school to first update its records and forward them to CBSE for certificate correction.

What did the court decide?

Directs the school to correct its records within two weeks and forward them to CBSE; CBSE to correct certificates within one month of receipt.

Central Board of Secondary Education (Cbse), Vs Abin… — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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TUESDAY, THE 24TH DAY OF NOVEMBER 2020 / 3RD AGRAHAYANA, 1942

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WA.No.1490 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 1628/2020(C) OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS 1 & 2 IN W.P.(C):

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1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE),

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REPRESENTED BY ITS REGIONAL OFFICER. REGIONAL OFFICE,LIC DIVISIONAL OFFICE CAMPUS, BLOCK-B, 2ND FLOOR,PATTOM, THIRUVANANTHAPURAM-695 004.

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2 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION(CBSE),REGIONAL OFFICE, LIC DIVISIONAL OFFICE CAMPUS,BLOCK-B,2ND FLOOR,PATTOM,THIRUVANANTHAPURAM-695 004.

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

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RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WPC:

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1 ABIN DEVASIA (MINOR), AGED 17 YEARS,S/O.SIBI THOMS N., REPRESENTED BY HIS FATHER AND GUARDIAN SIBI THOMAS N., NAYATH PARAMBIL,KAYAPPOYIL,VELLORA,KAKKARA, KANNUR DISTRICT,KERALA STATE,PIN-670 306.

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2 THE PRINCIPAL, OXFORD ENGLISH SCHOOL(42482), PERUMPADAPU, KARIPPAL P.O.,KANNUR DISTRICT, KERALA STATE,PIN-670 581.

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 24.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No.1490 OF 2020

JUDGMENT

SHAJI P . CHALY,J

Instant writ appeal is filed by respondents 1 & 2 in the writ petition, challenging the judgement of a learned Single Judge dated 21^st January 2020 in W.P.(C) No.1628 of 2020, whereby the following observations and directions were made in the judgment:

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“3. The correction as above is a minor correction. The petitioner passed out the examination only in the year 2019. There can't be any difficulty for CBSE to accede the request for minor correction as above. Accordingly, the impugned order is set aside.

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In the light of the above, there shall be a direction to the CBSE to correct the Exts.P5 and P6 certificates in tune with the birth certificate without any delay, at any rate within a period of two months.

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The writ petition is disposed of as above. “

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The basic facts for the disposal of the writ appeal are as follows; appellant is the Central Board of Secondary Education. The writ petitioner is a minor represented by his father, who has completed his Secondary Examination in the year 2019. According to him, as per Ext.P8 birth certificate, his father's name is Sibi Thomas.N and mother's name is Rosamma T.D. But in Ext.P5 mark sheet and Ext.P6 migration certificate of the writ petitioner, the father's name is wrongly shown as Sibi Thomas and mother's name as Rosamma.N.D. The wrong entry in the school records was an inadvertent mistake that occurred at the time of joining the 2^nd respondent school. Writ

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WA.No.1490 OF 2020

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petitioner is facing various difficulties due to the erroneous entry in Ext.P5 and Ext.P6. Therefore, he sent a request for correction through the 2^nd respondent school and the same was rejected. Hence the writ petition was filed and aggrieved by the judgment in W.P.(C) No.1628/2020 dated 21.01.2020, the instant appeal is filed.

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Grounds raised in the writ appeal assailing the judgment of the learned Single Judge are that, as per the examination bye-law 69.1(ii), the corrections that could be carried out are only to correct typographical and other errors, to make the certificates consistent with the school records, that the appellant herein as per the impugned judgment is directed to carry out necessary correction, taking into account Ext.P8 birth certificate within two months and the said direction of the learned Single Judge is without considering the fact that the correction sought is not in accordance with the relevant bye-laws of the Central Board of Secondary Education Examination Bye-laws for correction of name of the parents of the candidate, and that when the matter came up for consideration, the learned Single Judge disposed of the writ petition directing respondents 1 and 2 to carry out correction taking into account Ext.P8 birth certificate within two months, which is highly illegal and not correct.

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We have heard learned counsel for appellants Sri.S.Nirmal and

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perused the pleadings and materials on record.

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The basic contentions advanced is that the learned Single Judge has

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WA.No.1490 OF 2020

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quashed the order passed by the Central Board of Secondary Education holding that as per the existing norms of the Board, the corrections sought for cannot be permitted by the Central Board of Secondary Education. In fact following the judgment of a Division Bench of this Court in Subin Mohammed v. Union of India [2016(1) KLT 340], directions were issued by this Court in various writ petitions and writ appeals to carry out corrections in the certificates or grade sheets by the Central Board of Secondary Education.

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But here one point raised by the appellants is that normally corrections are first carried out by the schools and then forward the same to the Central Board of Secondary Education. However, in the judgment, the learned Single Judge directed the Central Board of Secondary Education to correct the certificates in tune with the birth certificate within a period of two months.

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We are of the opinion that there is some force in the contention advanced by learned counsel for appellants in regard to not issuing directions to the school concerned to carry out the corrections in the school records first and then forward to the Central Board of Secondary Education for correction of certificates. Therefore, the judgment of the learned Single Judge is modified to that extent and there will be a direction to the Principal, Oxford English School, Perumpadapu, Kannur District, 2^nd respondent in the appeal, to carry out corrections of the school records in regard to the corrections sought for on the basis of the birth certificate, within two weeks from the date of receipt of an

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WA.No.1490 OF 2020

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application from the writ petitioner i.e., 1^st respondent in the appeal, and forward the same immediately to the Central Board of Secondary Education. Needless to say, on receipt of the appropriate certificates/communications from the school concerned, the Central Board of Secondary Education shall take necessary steps to carry out the corrections in the certificates, as is sought for

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by the writ petitioner, at the earliest and at any rate within a month thereafter.

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Writ appeal is disposed of accordingly.

Sd/-

S.MANIKUMAR

CHIEF JUSTICE

Sd/-

SHAJI P.CHALY

JUDGE

smv

Central Board of Secondary Education (Cbse), v. Abin Devasia (Minor)

Case brief

What is this about?

What did the court decide?

Central Board of Secondary Education (Cbse), v. Abin Devasia (Minor)

Case brief

What is this about?

What did the court decide?

What the court decided

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