Allowed

Abhinand S.B v. the Central Board of Secondary Education

Kerala HC15 Sept 2020WP(C)/4088/2020

Case brief

AI extract

What is this about?

The High Court of Kerala granted a direction to CBSE to correct the petitioner's date of birth in examination certificates. The court held that the five-year limitation clause in CBSE bye-laws is not mandatory where the discrepancy arises from a bona fide error and a genuine statutory authority certificate substantiates the correct date.

What did the court decide?

Directed CBSE to correct the date of birth in the mark list and school records based on the petitioner's birth certificate issued by the Trivandrum Corporation.

Abhinand S.B Vs the Central Board of Secondary… — Education and Admissions | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942

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WP(C).No.4088 OF 2020(I)

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PETITIONER:

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ABHINAND S.B AGED 25 YEARS KRIPA, KANCHIYOORKONAM, KATTAKADA.P.O, THIRUVANANTHAPURAM-695572

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BY ADV. SRI.M.R.SARIN

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RESPONDENTS:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SIKSHAW KENDRA-2, COMMUNITY CENTRE, PREETHI VIHAR, NEW DELHI PIN-110001

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2 THE REGIONAL OFFICER

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CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PLOT NO.1630 'A' 'J' BLOCK, ANNA NAGAR WEST CHENNAI-600040

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3 REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, LIC BUILDING, B-BLOCK, 2ND FLOOR, THIRUVANANTHAPURAM-695004

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4 VISWADEEPTHI ENGLISH MEDIKUM SCHOOL CHARUPARA, KATTAKKADA.P.O, THIRUVANANTHAPURAM-695572

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5 THE PRINCIPAL VISWADEEPTHI ENGLISH MEDIUM SCHOOL, CHARUPARA, KATTAKKADA.P.O, THIRUVANANTHAPURAM-695572

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6 THE TRIVANDRUM CORPORATION REPRESENTED BY ITS SECRETARY(REGISTRAR OF BIRTHS AND DEATH), THIRUVANANTHAPURAM PIN-695001

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R1-3 BY SRI.NIRMAL S., SC, CBSE R6 BY ADV. SRI.N.NANDAKUMARA MENON (SR.) R6 BY SRI.P.K.MANOJKUMAR,SC,TVPM CORPORATION

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) No.4088 of 2020

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= = = = = = = = = = = = = = = = = = Dated this the 15^th day of September, 2020

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JUDGMENT

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The petitioner seeks for a direction to the Central Board of Secondary Education to correct his date of birth in the Secondary School Examination certificate and mark list.

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Petitioner studied in the 4^th respondent school. In Ext.P2 certificate-cum-grade sheet of his secondary school examination, issued by the 1st respondent CBSE, the date of birth is stated as 08.04.1996. As per Ext.P1 birth certificate issued from the Corporation, the date of birth is 08.04.1995. Stating that the date mentioned in Ext.P2 is a mistake, he made a request before the 4^th respondent school to have the date of birth corrected in tune with Ext.P1. The 4^th respondent school relying on clause 69.2 of the bye-laws of the CBSE, rejected the application. Aggrieved, the petitioner is before this court.

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W.P.(C) No.4088 of 2020

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:- 2 :-

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Heard Sri.M.R.Sarin Panicker, learned counsel for the petitioner and Sri.S.Nirmal, learned standing counsel for respondents 1 and 2.

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Learned standing counsel for the respondents drew my attention to clauses 69.2 and 69.3 of the bye-laws of CBSE to contend that, corrections if any, has to be sought for within a period of five years from the date of declaration.

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The Division Bench of this court in Subin Mohammed v. Union of India (2016(1) KLT 340) had considered the question as to whether correction in the date of birth can be permitted after the period stipulated in the bye-laws of CBSE. The period specified in the bye-laws were held to be not mandatory. The Division Bench permitted corrections to be made with certain directions, which are extracted hereunder:-

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“i) That CBSE shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine.

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W.P.(C) No.4088 of 2020

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:- 3 :-

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ii)Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, CBSE may deem it fit.

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iii) CBSE can demand in advance a consolidated fee, including all expenses for processing such applications.

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iv)Each of the petitioners shall pay Rs.5,000/- (Rupees Five thousand only) as cost to CBSE within a period of one month.”

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A perusal of Ext.P1, the copy of the birth certificate stated to be issued by the Trivandrum Corporation, no doubt indicates the date of birth as 08.04.1995. The mentioning of a different date of birth in Ext.P2 certificate will definitely put the petitioner to prejudice. It is to be noticed that the petitioner passed the Secondary School Examination in March 2011 and the application for correction of the date of birth was submitted as early as on 03.07.2012. Thereafter there had been various correspondences with regard to the same. In view thereof, it cannot be said that there has been

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W.P.(C) No.4088 of 2020

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:- 4 :-

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any delay on the part of the petitioner in taking necessary action for correction.

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Accordingly, it is directed that the petitioner shall submit a fresh request before the third respondent school along with the original of Ext.P1 birth certificate along with Ext.P2 certificate. The school authorities shall verify regarding the genuineness of Ext.P1 and have appropriate steps taken in the matter to have the date of birth corrected, if Exts.P1 is found to be genuine. Necessarily, the petitioner has to pay the expenses which will be incurred by the school, for the aforesaid. On receipt of such intimation from the 3rd respondent school, the 1^st respondent shall cause necessary corrections to be made in the mark list.

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Writ petition is disposed of as above.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

WP(C).No.4088 OF 2020(I)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF CERTIFICATE OF BIRTH ISSUED BY 6TH RESPONDENT
EXHIBIT P2	TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE CUM GRADE SHEET
	ISSUED TO THE PETITIONER BY THE CONTROLLER OF EXAMINATION
EXHIBIT P3	TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT
EXHIBIT P4	THE TRUE COPY OF THE COMMUNICATION ISSUED TO THE PRINCIPAL BY THE 2ND RESPONDENT
EXHIBIT P5	THE TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT DATED 31.01.2013
EXHIBIT P6	THE TRUE COPY OF THE LETTER DATED TO THE 5TH RESPONDENT BY THE 2ND RESPONDENT ON 19.7.2018
EXHIBIT P7	THE TRUE COPY OF THE REMINDER SENT BY THE SCHOOL AUTHORITIES TO THE 3RD RESPONDENT
EXHIBIT P8	THE TRUE COPY OF THE COMMUNICATION ISSUED TO
	THE PRINCIPAL BY THE 2ND RESPONDENT DATED 7.12.2018

Abhinand S.B v. the Central Board of Secondary Education

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Abhinand S.B v. the Central Board of Secondary Education

Case brief

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