Allowed

Sivarajan M.K. v. the Regional Officer

Kerala HC4 Feb 2020WP(C)/203/2020

Case brief

AI extract

What is this about?

Petitioner sought correction of his son's surname in CBSE certificate. High Court directed 2nd respondent to correct school records based on birth certificate and forward to 1st respondent for reconsideration, quashing an epistolary acknowledgment.

What did the court decide?

Directed 2nd respondent to correct school records, forward to 1st respondent, and quashed letter dated 18.12.2019.

Sivarajan M.K. Vs the Regional Officer — Education and Admissions | Kerala HC (2020)

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W.P.(C).No.203/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 04TH DAY OF FEBRUARY 2020 / 15TH MAGHA, 1941

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WP(C).No.203 OF 2020(A)

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PETITIONER:

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SIVARAJAN M.K. AGED 58 YEARS SREE SAILAM, ARANMULA P.O.ARANMULA.

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BY ADV. SRI.A.K.ALEX

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RESPONDENTS:

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1 THE REGIONAL OFFICER CBSE REGIONAL OFFICE, TRIVANDRUM-695 001.

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2 THE PRINCIPAL, MTSS SCHOOL, KOZHENCHERRY P.O.KOZHENCHERRY-689 641.

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R1 BY SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).No.203 of 2020

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= = = = = = = = = = = = = = = = Dated this the 4^th day of February, 2020

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JUDGMENT

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This writ petition is filed seeking directions to the respondents to

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change and correct the name of the petitioner's son as stated in Exhibit P1. The learned counsel for the petitioner submits that the name of his son has been wrongly recorded in the CBSE certificate as 'Bhagyaraj' instead of 'Bhagyaraj S Raj'. The petitioner had submitted Ext.P1 application for correction before the 2^nd respondent and the 2^nd respondent has forwarded the said application to the C.B.S.E authorities. However, the application for correction has been rejected by the CBSE stating that the same cannot be considered in the light of the CBSE notification dated 1.2.2018.

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A statement has been placed on record by the 1^st respondent contending that the changes in the certificates are to be considered under amended bye-law 69.1(i), which was brought into effect by notification dated 01.02.2018. It is stated that the

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W.P.(C).No.203/2020

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said corrections can be effected only if they are admitted by the court of law and notified in the Government gazette. It is stated that the correction sought for by the petitioner is not in the category of typographical error and therefore, the correction cannot be allowed.

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The learned counsel for the petitioner submits that due to an omission, his son's surname was not included in the CBSE admission register and in the CBSE certificate. It is further submitted that the name of the petitioner's son has to be corrected in view of Rule 69.1(i) and 69.1(ii) of Examination Bye-laws where there is sufficient records to prove that the change sought for is the correct name of petitioner's son. It is stated that the petitioner has produced Ext.P4 birth certificate of his son.

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Having considered the contentions advanced, I am of the opinion that the rejection of the application was not proper. A Division

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W.P.(C).No.203/2020

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Bench of this Court in Subin Mohammed Vs. Union of India [2016 (1) KLT 340] has held that correction is possible in the CBSE Certificates even when the application is belated as per the bye laws on payment of fine or costs.

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5.In the above view of the matter, there will be a direction to the 2^nd respondent to carry out necessary corrections in the school records, with respect to the name of the petitioner's son, taking into account Ext.P4 birth certificate and forward the corrected copy of the school register duly certified to the 1^st respondent within three weeks from the date of receipt of a copy of this judgment. On receipt of the same, the 1^st respondent shall reconsider the application submitted by the petitioner. In order to enable the respondents to proceed in accordance with law, Ext.P3 will stand quashed.

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This writ petition is ordered accordingly.

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Sd/- Anu Sivaraman, Judge

W.P.(C).No.203/2020

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 25.11.2019 SENT BY PETITIONER TO THE 2ND RESPONDENT PRINCIPAL. EXHIBIT P2 TRUE COPY OF THE REPLY DATED 9.12.2019 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER DATED18.12.2019 SENT BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY REGISTRAR OF BIRTHS AND DEATHS, KONNI GRAMA PANCHAYATH ON 19.11.2019 TO PETITIONER EXHIBIT P5 TRUE COPY OF THE AADHAR CARD ISSUED TO PETITIONERS SON BHAGYRAJ S RAJ EXHIBIT P6 TRUE COPY OF THE NOTIFICATION OF CBSE WITH RULE 69.1(I) AND 69 1(11) OF EXAMINATION BYE-LAW

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EXHIBIT P7 TRUE COPY OF THE MARK STATEMENT CUM CERTIFICATE ISSUED BY CBSE OF 6.5.2019 TO PETITIONER'S SON.

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True copy

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PS to Judge

Sivarajan M.K. v. the Regional Officer

Case brief

What is this about?

What did the court decide?

Sivarajan M.K. v. the Regional Officer

Case brief

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