Dismissed

Central Board of Secondary Education Shikshak Kenrdr 2 v. Aaromal D.Nair.

Kerala HC9 Dec 2021WA/1651/2021

Case brief

AI extract

What is this about?

The Division Bench corrected school records, quashed impugned exhibits, and directed revised certificates. The appellants challenged the order via this writ appeal. Finding directives complied with, the Court dismissed the appeal as not maintainable.

What did the court decide?

The writ appeal was dismissed as the directions issued in the prior judgment have been complied with.

Central Board of Secondary Education Shikshak… — Child Custody and Guardianship | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 9TH DAY OF DECEMBER 2021 / 18TH AGRAHAYANA, 1943

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WA NO. 1651 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 2521/2020 OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1 TO 3 IN WPC:

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1 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHAK KENRDR 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REPRESENTED BY ITS CHAIRMAN.

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2 THE REGIONAL OFFICER

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CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,
NEW NO.3, OLD NO.1630-A, J BLOCK, 16TH MAIN ROAD, ANNA
NAGAR (WEST), CHENNAI, PIN-600 040.

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3 THE REGIONAL OFFICER

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CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,
BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS,
PATTOM, THIRUVANANTHAPURAM-695 004.

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BY ADV SRI.NIRMAL S., SC, CBSE

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RESPONDENTS/PETITIONER & RESPONDENTS 4 & 5 IN WPC:

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1 AAROMAL D.NAIR, AGED 22 YEARS, DILHNO VI-162 A, PALLIMATTOM, EROOR, ERNAKULAM DISTRICT, PIN-682 306.

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2 THE PRINCIPAL, SREE SARADA VIDYALAYA, KALADY, ERNAKULAM DISTRICT, PIN-683 574.

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3 THE PRINCIPAL AL-AZHAR PUBLIC SCHOOL, THODUPUZHA, IDUKKI DISTRICT, PIN-685 605.

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SRI. UNNIKRISHNAN V ALAPPAT, FOR R1

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09.12.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.A.No.1651 of 2021

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JUDGMENT

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Dated this the 9^th day of December, 2021

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S.Manikumar, C.J.

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Vide judgment in W.P.(C)No.2521 of 2020 dated 25.02.2020, writ court, by following a Division Bench judgment of this court in Subin Mohammed v. Union of India reported in 2016 (1) KLT 340, quashed Exhibits P10 and P11, challenged in the writ petition, and directed the Principal, Sree Sarada Vidyalaya, Kalady, and the Principal, Al-azhar Public School, Thodupuzha, respondents 4 and 5 therein, to carry out necessary corrections in the school records.

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For brevity, paragraph No.4 of the judgment in W.P. (C)No.2521 of 2020 dated 25.02.2020 is reproduced:

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“4. In the above view of the matter, there will be a direction to the 4^th and 5^th respondents to carry out necessary corrections in the school records, with respect to the petitioner's name, taking into account Ext.P5 birth certificate and Ext.P8 Aadhar card of the petitioner and forward the corrected copy of the school register duly certified to the 2nd and 3rd respondents, within three weeks from the date of receipt of a copy of this judgment. On receipt of the same, the 2^nd and 3^rd respondents shall reconsider the application submitted by the petitioner within a further period of six seeks. In order to enable the respondents to proceed in accordance with law, Exts.P10 and P11 will stand quashed.”

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W.A.No.1651 of 2021

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Being aggrieved, instant writ appeal is filed.

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On this day, when the matter came up for hearing, Mr. Unnikrishnan V. Alappat, learned counsel for respondent No.1, submitted that by implementing the directions issued in W.P.(C) No.2521 of 2020 dated 25.02.2020, correction has been carried out in the school records and accordingly, certificates have been issued by respondents 2 and 3 therein/CBSE. Submission of the learned counsel for respondent No.1 is placed on record.

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As directions issued in W.P.(C) No.2521 of 2020 dated 25.02.2020 have already been complied with, appeal is not maintainable. Accordingly, the writ appeal is dismissed.

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Pending interlocutory applications, if any, shall stand

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closed.

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Sd/- S.Manikumar Chief Justice

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Sd/- Shaji P.Chaly Judge

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//true copy// P.A. to Judge

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vpv

Central Board of Secondary Education Shikshak Kenrdr 2 v. Aaromal D.Nair.

Case brief

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Central Board of Secondary Education Shikshak Kenrdr 2 v. Aaromal D.Nair.

Case brief

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