This writ petition sought to quash an order rejecting an application to correct a minor's parent's name in CBSE records. The court referred to prior precedent and directed the respondents to consider the correction application.
Exhibit P-5 set aside; direction to respondents to process the name correction application within six weeks.
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 MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.2672 OF 2020(H)
PETITIONER:
GOUTHAM P.S
AGED 17 YEARS(MINOR), REPRESENTED BY HIS FATHER AND NATURAL GUARDIAN SUNIL.P.M., AGED 52 YEARS, PALLATH HOUSE, THIRUVANKULAM.P.O., KANAYANNUR TALUK, ERNAKULAM
BY ADVS. SRI.C.P.PEETHAMBARAN SRI.N.S.MOHANDAS
RESPONDENTS:
1 THE CENTRAL BOARD SECONDARY EDUCATION REGIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695004, REPRESENTED BY ITS SECRETARY
2 THE PRINCIPAL SREE NARAYANA VIDYAPEETAM PUBLIC SCHOOL, TRIPUNITHURA, KOCHI-682301
SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2672 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following prayers:
(i) call for records connecting Exhibit P-5 Order dated 16/8/2019 issued by the 1st respondent and quash Exhibit P-5 by issuing a Writ of Certiorari or any other appropriate Writ, Order or Direction.
ii) issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents to effect the change of petitioner's mother's name as Sindhu K.G., instead of Sindhu Sunil, in original of Exhibit P-4 Certificate and connected school records as applied pursuant to Exhibit P-5 Order.”
learned standing counsel appearing for the CBSE.
School Principal had forwarded the application before the 1st respondent seeking correction of petitioner's mother's name. The 1st respondent vide Email dated 16.08.2019 rejected the application on the ground that the changes in the certificates are to be considered under
WP(C).No.2672 OF 2020
3
amended bye-law 69.1(i), which was brought into effect by notification dated 01.02.2018.
respondent, wherein it is stated that the provisions of the bye-laws specifically provide that changes in the name, father's name, mother's name or surname of candidates will be considered provided the changes have been admitted by the court of law and notified in the Government Gazette before the publication of result of the candidate. It is stated that the school records were not found in consonance with desired change and hence the same cannot be considered in the light of the notification dated 01.02.2018.
WP(C).No.2672 OF 2020
4
and pass appropriate orders on the application so forwarded by the 2nd respondent within a period of six weeks from the date of its receipt. To
enable a proper consideration, Ext.P5 is set aside.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
np
WP(C).No.2672 OF 2020
5
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED FROM KOCHI MUNICIPAL CORPORATION |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE AADHAR CARD OF PETITIONER'S MOTHER |
| EXHIBIT P3 | TRUE COPY OF 1ST PAGE OF SSLC BOOK OF PETITIONER'S MOTHER |
| EXHIBIT P4 | TRUE COPY OF THE MARK STATEMENT CUM CERTIFICATE OF SECONDARY SCHOOL EXAMINATION OF THE PETITIONER |
| EXHIBIT P5 | TRUE COPY OF THE ORDER DATED 16.08.2019 ISSUED BY THE 1ST RESPONDENT |
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether the school authorities were justified in rejecting the petitioner's application to correct his mother's name based on internal bye-laws.
Colour shows how this judgement treated each authority
Subin Mohammed Vs. Union of India and othersRelied on¶30
Subin Mohammed Vs. Union of India and others [2016 (1) KLT 340]
Goutham P.S
Central Board Secondary Education
Sree Narayana Vidhyapeetam Public School
Nirmal S.
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
