Allowed

Sharan Sreelal v. the Central Board of Secondary Education

Kerala HC12 Feb 2020WP(C)/565/2020

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition seeking correction of parents' names in the petitioner's CBSE Class X certificate. The Court directed the School Principal to verify the petitioner's school records and submit a corrected copy to the Regional Officer, who must then reconsider the application within specified timelines.

What did the court decide?

Direction to the 3rd respondent to correct parents' names in school records and forward to the 2nd respondent for reconsideration.

Sharan Sreelal 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 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.565 OF 2020(U)

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PETITIONER:

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SHARAN SREELAL AGED 18 YEARS MADATHIL, PAYIKUZHY, OACHIRA.P.O, KOLLAM 690526.

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BY ADVS. 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-1100092 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 DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM 695 004.

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3 THE PRINCIPAL SREE NARAYANA CENTRAL SCHOOL, CHIRAKADAVAM, KAYAMKULAM.P.O, ALAPUZHA 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.565 OF 2020(U)

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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 his 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 his 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 his parents name. It is stated that the petitioner

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WP(C).No.565 OF 2020(U)

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has produced Ext. P1 marriage certificate of his 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

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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 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

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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 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.565 OF 2020(U)

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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 THE PETITIONER'S PARENTS.

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EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE DATED 10.04.01 OF THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER DATED 29.05.19. EXHIBIT P4 TRUE COPY OF THE CERTIFICATE DATED 1.11.17 ISSUED BY CBSE TO THE PETITIONER. EXHIBIT P5 TRUE COPY OF THE MARK LIST DATED 03.06.17 OF THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE DATED 02.05.19 OF THE PETITIONER. EXHIBIT P7 TRUE COPY OF MARK LIST DATED NIL OF THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED NIL FROM THE PRINCIPAL, SN CENTRAL SCHOOL. EXHIBIT P9 TRUE COPY OF LETTER DATED 27.09.19 OF THE 2ND RESPONDENT.

Sharan Sreelal v. the Central Board of Secondary Education

Case brief

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Sharan Sreelal v. the Central Board of Secondary Education

Case brief

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