This petition sought a directive to correct the petitioners' names in their daughter's CBSE Class X certificate. The Court held the rejection improper citing precedents allowing belated corrections with payment, and ordered reconsideration.
Ext.P7 set aside; direction to reconsider 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
TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941
WP(C).No.2855 OF 2020(F)
PETITIONERS:
1 SUDHEER V.T.V AGED 49 YEARS V.T.V. HOUSE, PAZHICHI, P.O. PILATHARA, KANNUR DISTRICT.
2 GEETHA P.V. AGED 41 YEARS W/O. SUDHEER V.T.V, V.T.V. HOUSE, PAZHICHI, P.O. PILATHARA, KANNUR DISTRICT.
BY ADVS. SRI.M.V.AMARESAN SRI.S.S.ARAVIND
RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, 3RD BLOCK, ANNA NAGAR (WEST), CHENNAI, PIN-600 040.
MARY MATHA ENGLISH SCHOOL, P.O. PILATHARA,MANDOOR, KANNUR DISTRICT, PIN-670 001.
ADDL.3 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REPRESENTED BY ITS SECRETARY, CBSE REGIONAL OFFICE, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM
(ADDITIONAL RESPONDENT NO.3 IS IMPLEADED AS PER ORDER DATED 10.03.2020 IN I.A NO.1/2020)
R1 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No.2855 OF 2020(F)
JUDGMENT
The petitioners have approached this Court seeking the following reliefs:-
“i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to change the name of the petitioners in Exhibit P1 mark sheet cum certificate to make it consistent with Exhibit P6.
ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to consider the Exhibit P9 without exception as to change in names of the parents in Ext.P1, in the interest of justice.”
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WP(C).No.2855 OF 2020(F)
petitioners in the certificate. The application has been rejected by the CBSE on the ground that the change in parents name cannot be considered in the light of CBSE notification dated 01.02.2018 as per Rule No.69.1(i) duly incorporated in the Examination Bye Laws. It is stated that the petitioners have produced Ext.P6 birth certificate of the petitioners' daughter and Ext.P8 notification to justify the correction sought for.
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WP(C).No.2855 OF 2020(F)
the CBSE Certificates even when the application is belated as per the bye laws on payment of fine or costs.
In the result, Ext.P7 is set aside. There will be a direction to the additional 3rd respondent to reconsider the application submitted by the petitioners and to pass appropriate orders on the same, within six weeks from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/19.03.2020
WP(C).No.2855 OF 2020(F)
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APPENDIX
PETITIONERS EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF MARKS LIST CUM CERTIFICATE T119/42153/0018 DATED 6.5.2019 OF THE PETITIONERS' DAUGHTER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONERS' DAUGHTER DATED 19.3.2007. |
| EXHIBIT P3 | TRUE COPY OF RELEVANT PAGE OF SSLC BOOK OF THE IST PETITIONER. |
| EXHIBIT P4 | TRUE COPY OF RELEVANT PAGE OF THE SSLC BOOK OF THE 2ND PETITIONER. |
| EXHIBIT P5 | TRUE COPY OF CERTIFICATE ISSUED BY CHERUTHAZHATHU VILLAGE OFFICE DATED 29.10.2019. |
| EXHIBIT P6 | TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONERS' DAUGHTER ISSUED BY AJANUR GRAMA PANCHAYAT DATED 4.9.2019. |
| EXHIBIT P7 | TRUE COPY OF E-MAIL COMMUNICATION DATED 9.10.2019. |
| EXHIBIT P8 | TRUE COPY OF NOTIFICATION DATED 1.2.2018 BEARING NO.CBSE/COORD/AS(C)/2017. |
| EXHIBIT P9 | TRUE COPY OF APPLICATION DATED 2.11.2019 SUBMITTED BY THE PETITIONERS TO THE 2ND RESPONDENT. |
1 issue framed by the court
Whether the rejection of the petitioners' application to correct names in the CBSE certificate was proper under the Examination Bye Laws.
Colour shows how this judgement treated each authority
Subin Mohammed Vs. Union of IndiaFollowed¶30
Subin Mohammed Vs. Union of India [2016 (1) KLT 340]
1 provisions across 1 enactments
Sudheer V.T.V and another
Central Board of Secondary Education
Margaret Matha English School
Central Board of Secondary Education (Additional)
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
