Allowed

Laveena Majeed T.P. v. Union of India

Kerala HC10 Mar 2020WP(C)/843/2020

Case brief

AI extract

What is this about?

Petitioner sought writ to direct school and CBSE to correct her name and her parents' names in school and CBSE records based on corrected birth certificate. Court found rejection unjustified. Directed school to forward application to CBSE for consideration within six weeks.

What did the court decide?

Directed 5th respondent to forward corrected records and application to 4th respondent; 4th respondent to consider application within six weeks.

Laveena Majeed T.P. Vs Union of India — 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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TUESDAY, THE 10TH DAY OF MARCH 2020 / 20TH PHALGUNA, 1941

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WP(C).No.843 OF 2020(E)

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PETITIONER:

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LAVEENA MAJEED T.P. D/O. ABDUL MAJEED T.P AND SAREENA K.U., THORAKKATTIL PAZHAMTHOTTINGAL HOUSE, VETTATHUR P.O. MELATTUR, MALAPPURAM DISTRICT, REP. BY HER FATHER AND NATURAL GUARDIAN, ABDUL MAJEED T.P. AGED 51 YEARS, S/O. ABDU. T.P., THORAKKATTIL PAZHAMTHOTTINGAL HOUSE, VETTATHUR P.O. MELATTUR, MALAPPURAM DISTRICT 679 326.

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BY ADVS. SRI.VARGHESE C.KURIAKOSE SHRI.SUSANTH SHAJI

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RESPONDENTS:

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1 UNION OF INDIA

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REP. BY SECRETARY, DEPT. OF HUMAN RESOURCE DEVELOPMENT, NEW DELHI 110 092.

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2 THE CENTRAL BOARD OF SECONDARY EDUCATION, (CBSE) COMMUNITY CENTRE, PREETI VIHAR, DELHI 110 092, REP. BY THE CHAIRMAN.

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3 THE DEPUTY SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE NO. III, J BLOCK, ANNA ANNA NAGAR, CHENNAI 600040, TAMILNADU STATE.

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4 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM 695 004, KERALA STATE.

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5 THE PRINCIPAL, MERIDIAN PUBLIC SCHOOL, PANDALLUR, KADAMBODE P.O. MANJERI, MALAPPURAM DISTRICT, 676 521, KERALA STATE.

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R1 BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI R2-4 BY SRI.NIRMAL S., SC, CBSE R5 BY ADV. SHRI.ASADU AHMMED CHULLINTE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.03.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.843 OF 2020(E)

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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“(i) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, directing the 5^th respondent to forthwith correct the school records pertaining to the petitioner in relation to the name of the petitioner, her father and her mother and forward application to the respondents No.2,3 and 4 or the concerned among them within a stipulated time frame as deemed fit and proper in the interests of justice.

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(ii) Issue a writ, order or direction in the nature of Mandamus or other appropriate writ, directing the respondents No.2,3 and 4 or the concerned among them to correct the changes requested in Exts.P1 by correcting the name of the petitioner and the names of her father and mother in Ext.P1 as Laveena Majeed. T.P., Abdul Majeed T.P. And Sareena K.U. Instead of the existing Laveena, Majeed Karattuthodi and Sareena Majeed respectively within a time frame to be stipulated by this Honourable court after receipt of records from the 5^th respondent.

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(iii) Declare that the name of the petitioner is Laveena Majeed T.P and the name of the father of the petitioner is Abdul Majeed T.P and the name of the mother of the petitioner is Sareena K.U as seen from Ext.P2 to P6.”

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WP(C).No.843 OF 2020(E)

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Heard the learned counsel for the petitioner, the learned ASG appearing for the 1^st respondent, the learned Standing Counsel appearing for respondents 2 to 4 and the learned counsel appearing for the 5^th respondent.

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It is submitted by the learned counsel for the petitioner that though the petitioner had submitted an application for correction in the school records, the said application was rejected, by Ext.P8, by the school on the ground that no proper documents accompanied the application. It is submitted by the learned counsel for the petitioner that all the required documents including corrected birth certificate have been produced by the petitioner. It is submitted by the learned counsel for the petitioner that the issue relating to correction in CBSE certificate is covered by a decision of a Division Bench of this Court in Subin Mohammed Vs. Union of India [2016 (1) KLT 340] and that this Court has held that applications for correction have to be considered by the competent authorities of the CBSE, in accordance with law.

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WP(C).No.843 OF 2020(E)

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The CBSE has been placed a statement on record stating that no application has been forwarded by the school

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and therefore, there is no occasion for the consideration of the same.

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I have considered the contention advanced. The petitioner has produced corrected birth certificate and certificates to show the authenticating of her claim. It is submitted that the said documents had been made available with the application for correction as well. In the circumstances, the rejection of the application by Ext.P8 was unjustified.

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In the above view of the matter, there will be a direction to the 5^th respondent to take up the application submitted by the petitioner for corrections in the CBSE records and to carry out appropriate corrections as evidenced from the corrected birth certificate and the documents produced by the petitioner. The 5^th respondent shall, thereafter, send up the application along with corrected school records to the 4^th respondent. On receipt of

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WP(C).No.843 OF 2020(E)

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the application along with copies of the school records, as corrected, from the 5^th respondent, the 4^th respondent shall take appropriate steps to see that the application is considered, in accordance with law. Orders shall be passed on the application, within six seeks from the date on which the 4^th respondent receives the application from the 5^th respondent.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/12.03.2020

WP(C).No.843 OF 2020(E)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOCOPY OF THE PASS CERTIFICATE OF THE PETITIONER IN ALL INDIA SECONDARY SCHOOL EXAMINATION WITH ROLL NO.4358834 DATED 29.05.2018. EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF TH SSLC BOOK PERTAINING TO THE FATHER OF THE PETITIONER. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE ONE AND SAME CERTIFICATE OF SHRI ABDUL MAJEED, T.P. ISSUED BY THE VETTATHUR VILLAGE OFFICE DATED 21.11.2019. EXHIBIT P4 TRUE PHOTOCOPY OF THE RELEVANT PAGE OF THE SSLC BOOK PERTAINING TO THE MOTHER OF THE PETITIONER. EXHIBIT P5 TRUE PHOTOSTAT COPY OF THE ONE AND SAME CERTIFICATE OF SMT. SAREENA K.U. ISSUED BY THE VETTATHUR VILLAGE OFFICE DATED 25.11.2019. EXHIBIT P6 TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, VETTATHUR GRAMA PANCHAYAT DATED 19.12.2019. EXHIBIT P7 TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DATED 21.12.2019 SEEKING TO FACILITATE CORRECTION OF THE SCHOOL RECORDS. EXHIBIT P8 TRUE PHOTOCOPY OF THE REPLY DATED 30.12.2019 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Laveena Majeed T.P. v. Union of India

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Laveena Majeed T.P. v. Union of India

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