Writ petition challenging refusal to correct name in school records. Court allowed petition amidst delay, directing fee payment and production of birth certificate.
CBE to direct 1st respondent to correct name on payment of Rs.5000/-; petitioner to produce compliant birth certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942
WP(C).No.21764 OF 2020(U)
PETITIONER:
STEFIN SEBASTIAN, AGED 26 YEARS, S/O.K.M. SEBASTIAN, KATHALIKATTIL HOUSE, EACHOME POST, VILAMBUKANDAM, WAYANAD - 670721.
BY ADVS. SRI.BIJU ABRAHAM SRI.K.NIKHIL NARAYAN SMT.LILIA JOHN SMT.LAKSHMI MOHAN SMT.MARY STEPHY K.F. SHRI.SHABEER ALI MOHAMED
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 1630-A, J BLOCK, ANNA NAGAR (WEST), CHENNAI -40, REPRESENTED BY ITS SECRETARY.
2 DE PAUL PUBLIC SCHOOL, KALPETTA, WAYANAD DISTRICT, 67121, REPRESENTED BY ITS PRINCIPAL.
BY ADV. SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who completed the 10th standard, Secondary School Examination and Senior School Examination from the 2nd respondent School governed by the 1st respondent, has filed this writ petition challenging Ext.P7 order, by which the application for correction of his name was rejected.
2. The petitioner's name in the school records was STAFIN. He wanted to correct it as STEFIN SEBASTIAN. The petitioner got his Aadhar Card, Driving Licence, Passport etc got corrected and thereafter got the change of name published in Kerala Government Gazette dated 20.03.2018 (Ext.P1) and application was submitted for correction of his name in Exts.P5 and P6 certificates, which was rejected as per Ext.P7, stating that such change is not permissible and the respondents are not responsible for the entries in the examination certificates.
3. The learned Standing Counsel has filed a
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statement supporting the contents of Ext.P7. It is stated that the change in name of candidate is governed by Rule 69.1(i) of Examination Bye-law and as per the same, any changes have to be sought and corrected before the publication of the results of the candidates. It is further stated that as per Rule 69.1(ii), the correction of name can relate only to spelling errors, factual typographical errors in the candidate's name, Surname etc. It is further stated that in the school records including TC, admission form, the register etc, the name of the petitioner was as given in the examination certificate. It is also pointed out that there is a huge delay of 8 and 6 years respectively in approaching the Board seeking correction and there is no typographical error.
4. However, as pointed out by the learned counsel for the petitioner, the Division Bench this Court has in W.P.(C) No.1362/2015 dated 23.12.2015, directed correction of the date of
birth of the petitioner therein, on payment of
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cost in view of the delay.
5. Even though the petitioner's claim is for correction of his name and not date of birth, it
is seen that he has got the same corrected including his surname in all the official records, apart from getting it published in Kerala Gazette.
Therefore in view of Exts.P1 to P4 certificates and publication in the Gazette produced by the petitioner, Ext.P7 shall stand set aside and there shall be a direction to the
1st respondent to carryout the correction as requested by the petitioner, on condition that petitioner shall pay a sum of Rs.5,000/-. The petitioner shall also produce the birth certificate in tune with his name in the application.
Accordingly, the writ petition is
disposed of. Sd/-
P.V.ASHA, JUDGE
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | A TRUE KERALA |
COPY OF GAZETTE |
THE PUBLI |
RELEVANT PAGES OF THE SHED ON 20.03.2018. |
|---|---|---|---|---|
| EXHIBIT P2 | A TRUE PETITIO |
COPY O NER. |
F TH | E AADHAR CARD OF THE |
| EXHIBIT P3 | A TRUE PETITIO |
COPY NER. |
OF | THE PASSPORT OF THE |
| EXHIBIT P4 | A TRUE PETITIO |
COPY OF NER. |
THE | DRIVING LICENSE OF THE |
| EXHIBIT P5 | A TRUE SECONDA PETITIO |
COPY RY EDUCA NER. |
OF TION |
THE CENTRAL BOARD OF MARKS STATEMENT OF THE |
| EXHIBIT P6 | A TRU EXAMINA COMPREH |
E COPY TION CE ENSIVE E |
OF RTIFI VALUA |
THE CENTRAL SCHOOL CATE OF CONTINUOUS AND TION OF THE PETITIONER. |
| EXHIBIT P7 | A TRUE OF THE |
COPY OF 1ST RESP |
THE ONDEN |
ORDER DATED 14.01.2020 T. |
3 issues framed by the court
Whether the correction of the petitioner's name in examination certificates is permissible despite a delay and a prior rejection.
Whether the petitioner should be directed to obtain the correction in the school records after paying a cost.
Whether the Department can refuse correction of a name that has already been legally changed in all official records and published in the Gazette.
Colour shows how this judgement treated each authority
W.P.(C) No.1362/2015 dated 23.12.2015Explained¶24
Stefin Sebastian
Central Board of Secondary Education
De Paul Public School
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
