Allowed

Deepa Ananda Babale v. Central Board of Secondary Education

Kerala HC9 Sept 2020WP(C)/15816/2020

Case brief

AI extract

What is this about?

Petitioner sought correction of her name and parents' details in school records per birth certificate. Bench applied precedent to allow petition and directed school and CG Director of Education to update records within specified timelines, quashing the impugned order.

What did the court decide?

Petitioner's writ petition allowed; third respondent to forward records to second respondent within 3 weeks; second respondent to correct records within 6 weeks; impugned order set aside.

Deepa Ananda Babale Vs Central Board of Secondary… — 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 SMT. JUSTICE P.V.ASHA

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WEDNESDAY, THE 09TH DAY OF SEPTEMBER 2020 / 18TH BHADRA, 1942

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WP(C).No.15816 OF 2020(B)

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PETITIONER:

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DEEPA ANANDA BABALE AGED 19 YEARS

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D/O. ANANDA MAHADEV BABALE, TASGAON ROAD, NIMBLAK, SANGLI, MAHARASHTRA, PRESENTLY RESIDING AT RAJAN VILLA, THONNALLUR, PANDALAM, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

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BY ADVS. SRI.K.M.ANEESH SRI.K.JAYARAJ

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA,2, COMMUNITY CENTRE, PREET VIHAR, DELHI, PIN-110092,

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2 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, LIC DIVISIONAL OFFICE CAMPUS, BLOCK B, 2ND FLOOR, PATTOM, THIRUVANANTHAPURAM, PIN-695004.

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3 EMINENCE PUBLIC SCHOOL REPRESENTED BY ITS PRINCIPAL, P B NO.10, PANDALAM, PATHANAMTHITTA DISTRICT, PIN-689501.

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4 VITA MUNICIPAL COUNCIL, REPRESENTED BY ITS SECRETARY, VITA OF TAHSIL/KHANAPUR, VITE CITY P O, SANGLI DISTRICT, MAHARASHTRA, PIN-415311.

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BY SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.15816 OF 2020(B)

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J U D G M E N T

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Petitioner is aggrieved by the rejection of her application for correction of her name in the School records. She is also aggrieved by the rejection of her request for correction of the names of her parents. It is stated that the name of the petitioner as entered in the birth certificate, which is produced as Ext.P4 in the writ petition is “Deepa Ananda Babale” and the name of her parents are “Ananda Mahadev Babale” and “Chaya Ananda Babale”. Instead of that her name is shown in the School records as “Deepa” and her mother's name as “Chaya Anandrao Babale” and her father's name as “Anandrao Mahadev Babale”.

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Learned counsel for the petitioner points

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out that the issue relating to the correction of name

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WP(C).No.15816 OF 2020(B)

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in the School records is already settled by this Court in the decision reported in Subin Mohammed S. v. Union of India and Others [2016 (1) KLT 340] and since petitioner’s name as well as the name of her parents are shown in the manner in which she has requested, in the birth certificate, the respondents have to correct the same.

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Learned Standing Counsel Shri S.Nirmal

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seriously opposes the prayer pointing out that it is not a correction but it is a change in the name.

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But I find that the birth certificate shows

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the name of the petitioner as well as her parents as claimed by the petitioner in the application. Therefore it is nothing but correction. In the light of the judgment of this Court in Subin Mohammed 's case (supra), the writ petition is only to be allowed. Accordingly the writ petition is disposed of with the following directions:

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WP(C).No.15816 OF 2020(B)

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(i) The 3^rd respondent shall forward the School records in respect of the petitioner to the second respondent within a period 'three weeks'

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from the date of receipt of a copy of the judgment.

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(ii) The second respondent shall thereafter carry out the necessary corrections on the basis of the application submitted by the petitioner

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within a further period of 'six weeks'.

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(iii) Ext.P6 shall stand set aside.

Sd/-

P.V.ASHA, JUDGE

WP(C).No.15816 OF 2020(B)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF THE PETITIONER IN THE 10TH STANDARD.
EXHIBIT P2	TRUE COPY OF THE MARK STATEMENT OF THE PETITIONER IN THE 12TH STANDARD.
EXHIBIT P3	TRUE COPY OF PASS CERTIFICATE OF THE PETITIONER IN THE 12TH STANDARD.
EXHIBIT P4	TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER HAVING NO.4848 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5	TRUE COPIES OF THE ADHAAR CARD OF THE FATHER OF PETITIONER.
EXHIBIT P5(a)	TRUE COPY OF ADHAAR CARD OF THE MOTHER OF THE PETITIONER.
EXHIBIT P6	TRUE COPY OF THE ORDER NO. CBSE/RO- TVM/M&M-2332/2019 DATED 28.01.2020 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE RELEVANT PORTION OF THE EXAMINATION BYE LAWS OF THE 1ST RESPONDENT CBSE.

Deepa Ananda Babale v. Central Board of Secondary Education

Case brief

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Deepa Ananda Babale v. Central Board of Secondary Education

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