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Shilpa Priyadarshini v. the Central Board of Secondary Education

Kerala HC12 Feb 2020WP(C)/547/2020

Case brief

AI extract

What is this about?

The High Court directed the school principal to correct the petitioner's parents' names in school records and forward them to the regional officer, who must reconsider the application within six weeks, citing a precedent allowing corrections with fines.

What did the court decide?

Directed the school principal to correct records and forward to the regional officer; the regional officer to reconsider within six weeks.

Shilpa Priyadarshini Vs the Central Board of… — 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 MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941

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WP(C).No.547 OF 2020(P)

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PETITIONER:

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SHILPA PRIYADARSHINI AGED 20 YEARS MADATHIL, PAYIKUZHY, OACHIRA.P.O., KOLLAM-690526.

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BY ADVS.

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SRI.C.A.RAJEEV SRI.JOHN BRITTO

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RESPONDENTS:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110092, REPRESENTED BY ITS SECRETARY.

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2 THE REGIONAL OFFICER, TRIVANDRUM REGIONAL OFFICE OF THE CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK-B, 2ND FLOOR, LIC DIVISION OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.

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3 THE PRINCIPAL, SREE NARAYANA CENTRAL SCHOOL, CHIRAKADAVAM, KAYAMKULAM.P.O., ALAPPUZHA-690502.

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R1-2 BY SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.547/2020

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JUDGMENT

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Dated this the 12th day of February 2020

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The petitioner has approached this Court seeking the following

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prayers:-

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“i) To issue a Writ of certiorari or such other writ, order or direction quashing Exhibit P9 of the 2^nd respondent.

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ii) To issue a Writ of Mandamus or such other writ, order or direction commanding the respondents to correct the names of the parents of the petitioner in the CBSE and school records including Exhibits P4 to P7 as requested in Exhibit P8.”

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Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondents.

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It is submitted that the petitioner had submitted an application for correction of the names of her parents in the CBSE Class X Certificate. On the request of the petitioner the 3^rd respondent School Principal had forwarded the same to the 2^nd respondent seeking correction of her parents name. The 2^nd respondent vide Email dated 27.09.2019 addressed to the 3^rd respondent, refused to make changes in the certificate. The application has been rejected on the ground that the school records were not found in consonance with the desired correction in her parents name. It is stated that the petitioner has

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WP(C).No.547/2020

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produced Ext. P1 marriage certificate of her parents, Ext.P2 birth certificate and Ext.P3 passport of the petitioner.

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Having considered the contentions advanced, I am of the opinion that the rejection of the application was not proper. A Division Bench of this Court in Subin Mohammed Vs. Union of India [2016 (1) KLT 340] has held that correction is possible in the CBSE Certificates

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even when the application is belated as per the bye laws on payment of fine or costs.

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In the above view of the matter, there will be a direction to the 3^rd respondent to carry out necessary corrections in the school records, with respect to the name of the petitioner's parents, taking into account Ext.P2 birth certificate and forward the corrected copy of the school register duly certified to the 2^nd respondent within three weeks from the date of receipt of a copy of this judgment. On receipt of

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the same, the 2^nd respondent shall reconsider the application submitted by the petitioner within a further period of six weeks.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

SVP

WP(C).No.547/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF MARRIAGE CERTIFICATE DATED 17.11.95 OF PETITIONER'S PARENTS. EXHIBIT P2 TRUE COPY OF BIRTH CERTIFICATE DATED 28.7.99 OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER DATED 29.5.19. EXHIBIT P4 TRUE COPY OF CERTIFICATE DATED 27.7.15 ISSUED BY CBSE TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF MARK LIST DATED NIL OF THE PETITIONER. EXHIBIT P6 TRUE COPY OF CERTIFICATE DATED 28.5.17 OF THE PETITIONER. EXHIBIT P7 TRUE COPY OF MARK LIST DATED 28.5.17 OF THE PETITIONER. EXHIBIT P8 TRUE COPY OF APPLICATION DATED NIL FROM THE PRINCIPAL, SN CENTRAL SCHOOL. EXHIBIT P9 TRUE COPY OF LETTER DATED 27.9.19 OF THE 2ND RESPONDENT.

Shilpa Priyadarshini v. the Central Board of Secondary Education

Case brief

What is this about?

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Shilpa Priyadarshini v. the Central Board of Secondary Education

Case brief

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