Remanded

Mohammed Saiban.M v. Central Board of Secondary Education

Kerala HC2 Mar 2020WP(C)/2072/2020

Case brief

AI extract

What is this about?

Petitioner sought correction of parent names in Class X certificate. Court held that petitioner must approach the school for record correction first. If corrected records are forwarded to the CBSE Regional Office, it must decide within six weeks per byelaw 69.1(i). Coram render order.

What did the court decide?

This writ petition is ordered accordingly to direct respondents to follow prescribed procedure for issuing corrected certificate.

Mohammed Saiban.M Vs Central Board of Secondary… — Education and Admissions | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

MONDAY, THE 02ND DAY OF MARCH 2020 / 12TH PHALGUNA, 1941 WP(C).No.2072 OF 2020(H)

¶5

PETITIONER:

¶6

MOHAMMED SAIBAN.M, AGED 52 YEARS, MINOR, REPRESENTED BY HIS FATHER ABDUL KAREEM MAILAMBADAN, MAILAMBADAN HOUSE, EDARIKODE, MALAPPURAM-676 501

¶7

BY ADVS. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY SMT.NEETHI RAPHAEL

¶8

RESPONDENTS:

¶9

1 CENTRAL BOARD OF SECONDARY EDUCATION HEAD OFFICE, SHIKSHA KENDRA COMMUNITY CENTRE, PRETVIHAR, NEW DELHI-110 092

¶10

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

¶11

3 THE PRINCIPAL, ISLAHIYA PUBLIC SCHOOL, TIRURANGADI, MALAPPURAM-676 306

¶12

R1-2 BY SRI.NIRMAL S., SC, CBSE

¶13

SMT.VINEETHA,GP

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.2072 OF 2020(H)

¶16

..2..

¶17

JUDGMENT

¶18

Dated this the 2nd day of March 2020

¶19

The petitioner has approached this Court seeking direction to 2^nd respondent to issue corrected copy of Exts.P1, P2 and P3 certificates on the basis of Ext.P4 Birth certificate.

¶20

Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

¶21

It is submitted that the petitioner had submitted Ext.P6

¶22

application for correction of the names of the petitioner and his parents in the CBSE Class X Certificate. On the request of the petitioner, the 3^rd respondent School Principal had informed the same before the 2^nd respondent vide letter dated 15.01.2020. The application is not being considered by the CBSE. It is stated that the petitioner has produced Exts. P4 birth certificate of the petitioner and P5 school certificate of the petitioner's mother to justify the correction sought for and that the application ought to

¶23

..3..

¶24

WP(C).No.2072 OF 2020(H)

¶25

have been considered by the respondents. It is submitted that Ext.P6 application has been forwarded by the school and is pending consideration.

¶26

A statement has been placed on record by the 1^st and 2^nd respondents, 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 said corrections can be effected only if they are admitted by the court of law and notified in the Government gazette before the publication. It is submitted that no formal application has been received from the petitioner.

¶27

I have considered the contentions advance. The

¶28

consideration of an application for correction of certificates has to be considered by the respondents in accordance with law. In the instant case, the contention is that a proper application has not been forwarded by the school after effecting the corrections in the school records. In the above view of the matter, in case the petitioner

¶29

WP(C).No.2072 OF 2020(H)

¶30

approaches the 3^rd respondent with a proper application for correction of the school records and the consequent correction in the certificate, the 3^rd respondent shall take up the matter and forward the application as provided in the byelaws after effecting the corrections in the school records, if warranted. On the application being received by the 2^nd respondent, the 2^nd respondent shall take up the same and pass appropriate orders thereon within six weeks from the date on which a copy of the application in due from along with copies of the corrected school records are received from the 3^rd respondent.

¶31

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

PR/2.03.2020

..5..

WP(C).No.2072 OF 2020(H)

¶38

APPENDIX

¶39

PETITIONER'S EXHIBITS:

¶40

EXHIBIT P1 TRUE COPY OF THE CENTRAL BOARD OF SECONDARY EXAMINATIONS CERTIFICATE DATED 29.5.2018 ISSUED TO THE PETITIONER

¶41

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF MERIT DATED 1.11.2018 OF THE PETITIONER

¶42

EXHIBIT P3 TRUE COPY OF THE MIGRATION CERTIFICATE DATED 29.5.2018 OF THE PETITIONER

¶43

EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 2.1.2020

¶44

EXHIBIT P5 TRUE COPY OF THE SCHOOL CERTIFICATE OF THE PETITIONERS MOTHER DATED 27.3.1992

¶45

EXHIBIT P6 TRUE COPY OF THE APPLICATION DATED 15.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT

Mohammed Saiban.M v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Mohammed Saiban.M v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Rafeeque, Vs State of Kerala

M/S.Coastal Engineering Vs the Chief Engineer (Construction)

Marymatha Infrastructure Pvt. Ltd. Vs Kerala Water Authority

L.R.Vijayasoonan Vs Director of Health Services

C.K.Jarly Vs M.P.Dinesh

Revive Construction Company (India) Pvt. Ltd. Vs State of Kerala