Dismissed

Central Board of Secondary Education (Cbse) v. Nayana Sidhardh

Kerala HC4 Jun 2020WA/697/2020

Case brief

AI extract

What is this about?

The Division Bench dismissed the appeal filed by the Central Board of Secondary Education (CBSE) against a judgment directing the correction of a student's date of birth in school and CBSE records. Upholding the earlier judgment, the Court held that CBSE could correct entries based on verified birth certificates and asked for appeal dismissal.

What did the court decide?

The instant appeal was dismissed, upholding the direction to correct the date of birth in records upon verification of the birth certificate.

Central Board of Secondary Education (Cbse)… — Pension and Retirement Benefits | 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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THURSDAY, THE 04TH DAY OF JUNE 2020 / 14TH JYAISHTA, 1942

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WA.No.697 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 11791/2019(Y) OF HIGH COURT OF KERALA

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

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CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REP. BY ITS REGIONAL OFFICER, NO.3, 16TH MAIN ROAD, J BLOCK, ANNA NAGAR P.O. CHENNAI - 600 040

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2 REGIONAL OFFICER,CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REGIONAL OFFICE, LIC DIVISIONAL OFFICE CAMPUS, BLOCK B, 2ND FLOOR, PATTOM, PATTOM PALACE P.O., 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 NAYANA SIDHARDH, AGED 29 YEARS, W/O.ARUN RAJ, VADAYIL,THOTTAPALLY P.O., AMBALAPUZHA, ALAPUZHA DISTRICT - 688 561.

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2 THE PRINCIPAL, JAWAHAR NAVODAYA VIDHYALAYA, CHENNITHALA P.O., MAVELIKKARA, ALAPPUZHA - 690 105.

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R1 FOR ADV.S.K.BALACHANDRAN

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THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 04.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No.697 OF 2020

JUDGMENT

S.MANIKUMAR,CJ

Being aggrieved by the judgment dated 11.4.2019 in W.P.(C) No.11791 of 2019, by which a learned Single Judge of this Court directed the Principal, Jawahar Navodaya Vidhyala, Alappuzha, 2^nd respondent herein, based on the birth certificate issued by the local authority and on being satisfied with the genuineness of such certificate, shall cause correction in the school records within one month from the date of passing of the judgment, and forward the school records to the Central Board of Secondary Education, appellants herein, the instant appeal is filed.

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Writ court also directed that, thereafter the CBSE shall act upon such records and cause correction of the CBSE certificate within a further period of two months and the school authority and the CBSE shall correct the date of birth, only on being satisfied with the genuineness of birth certificate produced by the 1^st respondent. It was further directed that, considering the delay involved in the matter, the 1^st respondent shall pay a sum of Rs.5,000/- as costs to the CBSE.

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WA.No.697 OF 2020

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Though assailing the correctness of the judgment dated 11.4.2019 in W.P.(C) No.11791 of 2019, Regional Officers of the Central Board of Secondary Education, Chennai and Thiruvananthapuram have filed the instant appeal on several grounds, we are not inclined to accept the said submission in the light of the decision of the Division Bench of this Court in Subin Mohammed v. Union of India [2016 (1) KLT 340], wherein objections raised therein, similar to those raised in the instant appeal, were rejected. The relevant paragraphs are extracted below:

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“32. Going by the bye law condition, corrections are permissible only to correct typographical and other errors to make the mark sheet consistent with the school records. That apart, genuine clerical error will be corrected under orders of the Chairman, if it is established that the wrong entry was made erroneously. In other words, there is no obligation on the part of C.B.S.E. to correct the date of birth of a candidate in the school records merely for the reason that a different date of birth is shown in the extract of birth certificate produced by them at a later stage. In the said circumstances, it is purely within the realm of jurisdiction of C.B.S.E. to consider whether in a particular instance, a correction to the date of birth could be entertained or not.

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Therefore, we have to proceed on the basis that the bye law of C.B.S.E. cannot be applied to the fact situation. But to reconcile the date of birth entry in the mark sheet with that of the entry in the statutory certificate, the candidates should not be left without any remedy. Their right to approach the Court for redressing their grievance cannot be ruled out.

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WA.No.697 OF 2020

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Hence, to meet the ends of justice, it will be appropriate for this Court to dispose the Writ Petitions with the following directions:

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i) That C.B.S.E. shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine.

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(ii) Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, C.B.S.E. may deem it fit.

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