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Amal M Raja v. the Regional Officer

Kerala HC4 Dec 2020WP(C)/21313/2020

Case brief

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What is this about?

The petitioner challenged rejection of an application to correct his father's name in school records from Mohammed Raja to Raja P. Citing contradictory documents including birth certificate, Aadhar card, and death certificate showing Raja P, the High Court of Kerala set aside the rejection order and directed the school authorities to make the correction within two months.

What did the court decide?

Ext.P8 rejected by respondents set aside; Direction to 1st respondent to correct petitioner's father's name in school records to 'Raja P' within two months.

Amal M Raja Vs the Regional Officer — Education and Admissions | Kerala HC (2020)

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W.P(C).No.21313/2020-L

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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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FRIDAY, THE 04TH DAY OF DECEMBER 2020 / 13TH AGRAHAYANA, 1942 WP(C).No.21313 OF 2020(L)

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PETITIONER:

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AMAL M RAJA, AGED 21 YEARS, S/O. LATE RAJA P., CHEERA VEEDU, 296, PETTA, PATHANAMTHITTA P.O. 689 645.

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BY ADVS. SRI.JACOB P.ALEX SRI.JOSEPH P.ALEX SHRI.MANU SANKAR P.

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RESPONDENTS:

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

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2 THE PRINCIPAL, MARY MATHA PUBLIC SCHOOL, AZOOR ROAD, PRAMADOM P.O. PATHANAMTHITTA 689 646.

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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 04.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(C).No.21313/2020-L

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P.V.ASHA, J.

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W.P(c) No.21313 of 2020-L

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Dated this the 4^th day of December, 2020

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JUDGMENT

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The petitioner, who passed the Secondary School Examination and Senior Secondary School Examination from Mary Matha Public School governed by the Central Board of Secondary Examination, has filed this Writ Petition aggrieved by Ext.P8 order by which the application for correction of the name of his father was rejected. The petitioner submitted an application before the Principal of the 2^nd respondent for correction of the name of his father from Mohammed Raja' to Raja P'. The petitioner's father got Ext.P5 one and the same certificate from the Village Officer, Pathanamthitta. The petitioner has obtained Ext.P3 birth certificate on 5.5.2018 in which the name of his father is shown as Raja P'. He has also produced Ext.P4 Aadhar card as well as Ext.P6 death certificate of his father, in which also his father's name is shown as Raja P'. It is consequent to the correction of name that the application was submitted before the Principal. As per Ext.P8, Regional Officer informed the Principal that the application cannot be allowed in view of the provisions contained in Rule 69.1(i) of CBSE Examination Bye Laws; changes in name/surname can be considered only if the changes have been admitted by the court of law and notified in the Government Gazette before

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W.P(C).No.21313/2020-L

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the publication of the result of the candidate. The Writ Petition is filed pointing out the documents in which the name of his father is shown as `Raja P' and seeking a direction for carrying out correction by the respondents.

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The learned Standing Counsel has filed a statement in tune with the order impugned in the Writ Petition. It is stated that the name of petitioner's father was shown in the certificates issued to the petitioner on the basis of the details provided by the parents of the petitioner at the time of his admission and the name is shown as Mohammed Raja in all his school records and there is no negligence on the part of the respondents for the same. It is their further contention that changes are sought only on the basis of birth certificate which the petitioner got only on 5.5.2018 after he passed the Board examination. It is also stated that there is a change in the name of the petitioner's father and for change of name, there is no provision after publication of result.

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The learned counsel for the petitioner points out that the one and the same certificate would show that name of the petitioner's father continues to be the same and it is Mohammed Raja @ Raja P. At any rate, it is seen that the petitioner has passed the examinations on 28.5.2015 and 28.5.2017. The application is submitted well within 5 year period admissible under the provisions contained in the examinations bye-law. In view of the fact that there is a birth certificate in which the name of his father is shown as Raja P and all other documents relating to the petitioner's father including Aadhar card, one and the same certificate, death certificate etc. show that the name of the petitioner's father is Raja P, it is only

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W.P(C).No.21313/2020-L

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appropriate that the 1^st respondent effects correction as requested by the petitioner.

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Therefore, Ext.P8 shall stand set aside. There shall be a direction to the 1^st respondent to carry out the correction of the name of the petitioner's father in the petitioner's school records as requested by the petitioner as Raja P' instead of Mohammed Raja', within a period of two months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of accordingly.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

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W.P(C).No.21313/2020-L

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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 DATED 28.05.2015.

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EXHIBIT P2 TRUE COPY OF THE MARK STATEMENT 28.05.2017. EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE PATHANAMTHITTA MUNICIPALITY ON 05.05.2018 UNDER SECTION 17 REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 AND RULE 13 OF THE KERALA REGISTRATION OF BIRTHS AND DEATHS RULES, 1999. EXHIBIT P4 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER'S FATHER. EXHIBIT P5 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 19.03.2020 ISSUED BY THE PATHANAMTHITTA VILLAGE OFFICER. EXHIBIT P6 TRUE COPY OF THE DEATH CERTIFICATE DATED 17.02.2020 ISSUED BY THE REGISTER (BIRTH & DEATH), ERWADI VILLAGE PANCHAYAT. EXHIBIT P7 TRUE COPY OF THE E-MAIL DATED 21.11.2019 SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT INTIMATING THE REJECTION OF THE APPLICATION SUBMITTED BY THE PETITIONER.

Amal M Raja v. the Regional Officer

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Amal M Raja v. the Regional Officer

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