Allowed

Sinimol M.T. @ Sini Shaji, v. Union of India

Kerala HC3 Dec 2020WP(C)/23034/2020

Case brief

AI extract

What is this about?

The Court set aside an order rejecting a petitioner's request to change her name in her son's school records. The Court directed the school to correct the name to match the birth certificate within two months, noting the error was typographical and within the correction period. Issues of suitable forum and time limit were also addressed.

What did the court decide?

Order Ext.P7 was set aside; respondent school directed to reconsider application and correct name in records within two months matching birth certificate.

Sinimol M.T. @ Sini Shaji, Vs Union of India — Education and Admissions | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

THURSDAY, THE 03RD DAY OF DECEMBER 2020 / 12TH AGRAHAYANA, 1942 WP(C).No.23034 OF 2020(D)

¶5

PETITIONER:

¶6

SINIMOL M.T. @ SINI SHAJI, AGED 42 YEARS W/O. SHAJI C.P, CHULLY HOUSE, KALADY VILLAGE, NEELESWARAM, MALAYATTOOR, ERNAKULAM DISTRICT-683 574

¶7

BY ADV. SRI.P.P.BIJU

¶8

RESPONDENTS:

¶9

1 UNION OF INDIA, REPRESENTED BY SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT,

¶10

SHASTHRI BHAVAN, C-WING,

¶11

DR. RAJENDRAPRASAD ROAD, NEW DELHI-110 001

¶12

2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, (AN AUTONOMOUS ORGANIZATION OF HUMAN RESOURCES DEVELOPMENT), HEAD OFFICE NO. 2, SHIKSHA KENDRA COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110 092.

¶13

3 REGIONAL OFFICER,

¶14

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE NEW NO. 3, (OLD NO.1630-A1), V BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST),CHENNAI-600 040

¶15

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

¶16

5 THE PRINCIPAL, SREE SHARADA VIDHYALAYAM, MATTOOR P.O, KALADY, ERNAKULAM DISTRICT-683 546

¶17

BY SRI.JAISHANKAR V.NAIR, CGC

¶18

OTHER PRESENT:

¶19

SRI.S.NIRMAL, SC, CBSE

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

WP(C).No.23034 OF 2020(D)

¶22

¶23

J U D G M E N T

¶24

Petitioner's son Alvin completed his Senior Secondary Course from the 4^th respondent School which is a CBSE school under respondents 2 and 3. It is stated that in Ext.P3 All India Secondary School Examination certificate issued to the petitioner's son Alvin C.S., the name of his mother is stated as Sinimol M.T. Similar is the case with Ext.P4 mark sheet also; her name is given as Sinimol M.T. It is stated that petitioner had submitted Ext.P5 representation before the Principal of the School requesting to change the name of the mother of Alvin in his school records as Sinimol M.T. @ Sini Shaji in the place of Sinimol M.T. Petitioner had approached this Court at that stage. By Ext.P6 judgment, this Court had directed the 4^th respondent herein to consider the application forwarded by the

¶25

WP(C).No.23034 OF 2020(D)

¶26

¶27

Principal and to pass orders. Ext.P7 order is passed thereafter rejecting the application on the ground that as per the Rule 69.1 of the Examination Byelaws, a change of the name is not permissible. It is stated that the name is recorded in the school records based on the details furnished by the parents at the time of admission and the same was being maintained in the records. It is stated that Rule 69.1 of the Examination Bye-laws does not permit a change in the name as requested by the petitioner and if any such change is required the application should have been submitted before the petitioner's son completed the course.

¶28

A statement is filed on behalf of 4^th respondent by the learned Standing Counsel

¶29

supporting Ext.P7 order and stating that rules do not permit a change in name and what is permitted is only a change in initials or typographical errors. It is also stated that there is no provision for

¶30

WP(C).No.23034 OF 2020(D)

¶31

¶32

incorporating two names as requested by the petitioner.

¶33

It is seen that petitioner has produced

¶34

Ext.P1 birth certificate of her son Alvin in which the name of mother is stated as 'Sinimol M.T @ Sini Shaji'. What is requested in the representation submitted before the 4^th respondent is also the very same change carried out in Ext.P1 and this certificate is issued on 05.08.2019. It is seen that petitioner's son Alvin completed the course on 29.05.2018, application is seen submitted on 24.08.2019. As per rules there is 5 years' period admissible for seeking correction. Even though it is stated that there is no provision for change of name, petitioner has sought for change on the basis of birth certificate Ext.P1 issued by a statutory authority.

¶35

Learned counsel for the respondents 2 to 4 submitted that the second respondent is to be

¶36

WP(C).No.23034 OF 2020(D)

¶37

¶38

represented by its Secretary and not as Chairman. It is also pointed out that the appropriate authority is Regional Officer of CBSE and it is not the Deputy Secretary and Regional Officer. This is recorded.

¶39

In the circumstances of the case the order Ext.P7 is set aside. There shall be a direction to the 4^th respondent to re-consider the application of the petitioner and to carry out the correction in tune with the name of the mother as it appears in Ext.P1 birth certificate within a period of 'two months' from the date of receipt of a copy of the judgment.

¶40

The writ petition is disposed of accordingly.

¶41

Sd/- P.V.ASHA, JUDGE

¶42

¶43

WP(C).No.23034 OF 2020(D)

¶44

¶45

APPENDIX

¶46

PETITIONER'S EXHIBITS:

¶47

EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 05.08.2019 ISSUED FROM THE REGISTRAR OF BIRTH AND DEATH, ANGAMALI MUNICIPALITY. EXHIBIT P2 TRUE COPY OF THE MIGRATION CERTIFICATE DATED 29.05.2018 ISSUED BY THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 29.05.2018 ISSUED BY THE CONTROLLER OF EXAMINATION. EXHIBIT P4 TRUE COPY OF THE MARKS STATEMENT DATED 29.05.2018 ISSUED BY THE CONTROLLER OF EXAMINATION. EXHIBIT P5 TRUE COPY OF THE APPLICATION DATED 24.08.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 14.11.2019 IN WPC NO. 29534/2019 OF THIS HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE ORDER DATED 04.05.2020 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 09.10.2020 SUBMITTED BY THE PETITIONER TO 5TH RESPONDENT.

Sinimol M.T. @ Sini Shaji, v. Union of India

Case brief

What is this about?

What did the court decide?

Sinimol M.T. @ Sini Shaji, v. Union of India

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

C.v.Issac Vs State of Kerala

Arun Balachandran Vs Sheeja V.A.

Anoop C.U. Vs Sheeja V.A.

Roshini Jacob, Vs the Kerala State Financial Enterprises Ltd.

Beji Bhaskaran Vs Debashih Panda

Donald Sandhy Vs State of Kerala