Allowed

Anand S v. Central Board of Secondary Education

Kerala HC2 Jul 2021WP(C)/10728/2021

Case brief

AI extract

What is this about?

A minor's mother sought correction of her name in school records due to a clerical error. The school argued it needed a court order based on a Supreme Court precedent. The High Court distinguished that precedent, noting a Gazette notification clarified the identity, and ordered the correction.

What did the court decide?

Directing the respondents to carry out the correction of the petitioner's mother's name in school records within thirty days of receiving a copy of the judgment.

Anand S Vs Central Board of Secondary Education — Consumer Protection | 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 MR. JUSTICE P.B.SURESH KUMAR

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FRIDAY, THE 2^ND DAY OF JULY 2021 / 11TH ASHADHA, 1943

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WP(C) NO. 10728 OF 2021

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PETITIONER:

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ANAND S

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AGED 16 YEARS S/O. RAJI V.K, RDS PAUL ABROA RESIDENCY, FLAT NO. 5C, KACHERIPADY, CHITTOOR ROAD, ERNAKULAM, KOCHI-682 018, REPRESENTED BY HIS MOTHER RAJI V.K, RDS PAUL ABROA RESIDENCY, FLAT NO. 5C, KACHERIPADY, CHITTOOR ROAD, ERNAKULAM, KOCHI-682 018

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BY ADVS. K.JAGADEESH SMT.V.RENJU

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RESPONDENTS:

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

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2 THE PRINCIPAL, BHAVENS VIDYA MANDIR, ELAMAKKARA, KOCHI-682 026

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BY ADV.SRI.NIRMAL.S,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.10728 of 2021

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J U D G M E N T

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Petitioner is studying in tenth standard at Bhavans

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Vidyamandir, Elamakkara, an school affiliated to the Central Board of Secondary Education (the Board). It is stated by the petitioner that in the school records, the name of her mother is shown mistakenly as Raji Satheesh, instead of Raji V.K. In order to show that the correct name of the mother of the petitioner is Raji V.K., the petitioner relies on the Secondary School Leaving Certificate, Aadhar Card and Electoral Identity Card of her mother. Ext.P3 is the Secondary School Leaving Certificate and Ext.P4 is the Aadhar Card of the mother of the petitioner. Likewise, Ext.P5 is the Electoral Identity Card of the mother of the petitioner. In all the said documents, the name of the mother of the petitioner is shown as Raji V.K and not as Raji Satheesh. After publishing a notification in the Government Gazette to the effect that Raji V.K and Raji Satheesh are one

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W.P.(C) No.10728 of 2021

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and the same person, the petitioner preferred an application in the school for correction of the entry relating to the name of her mother in the school records. It is stated by the petitioner that the second respondent has now informed the petitioner that the Board is taking the stand that the mistaken entry in the school records can be corrected only if the petitioner produces a court order for the said purpose. The petitioner has come up in this writ petition aggrieved by the said stand of the Board.

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The learned Standing Counsel for the Board has filed a statement contending, among others, that a court order is insisted in the light of the decision of the Apex Court in Jigya Yadav v. C.B.S.E. and others (Civil Appeal No.3905 of 2011 and connected cases).

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Board.

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The learned Standing Counsel for the Board

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W.P.(C) No.10728 of 2021

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pointed out that a court order is required in the case of the petitioner since the name of the mother of the petitioner is not consistent in the various public documents made available. It was argued by the learned Standing Counsel that though the name of the mother of the petitioner is shown in Exts.P3 to P6 documents as Raji V.K., her name is shown in Ext.P2 birth certificate of the petitioner as Raji Satheesh.

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True, the name of the mother of the petitioner is not consistent in the various public documents made available. The materials on record, however, indicate that the correct name of the mother of the petitioner is Raji V.K. and her name was wrongly mentioned in the birth certificate of the petitioner as Raji Satheesh. Further, the mother of the petitioner has already caused a publication to be made in the Government Gazette to the effect that Raji Satheesh and Raji V.K. are one and the same person.

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In the circumstances, the writ petition is

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W.P.(C) No.10728 of 2021

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allowed and the respondents are directed to carry out the correction sought for by the petitioner as regards the name of her mother as expeditiously as possible, at any rate, within

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thirty days from the date of receipt of a copy of the judgment.

Sd/-

P.B.SURESH KUMAR

JUDGE

W.P.(C) No.10728 of 2021

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APPENDIX OF WP(C) 10728/2021

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PETITIONER ANNEXURE

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EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DATED 9.10.2020 EXHIBIT P2 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY VELLUKKARA GRAMA PANCHAYATH DATED 29.1.2005. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE 1ST PAGE OF THE SSLC BOOK OF PETITIONERS MOTHER RAJI V.K. DATED 30.03.1988. EXHIBIT P4 TRUE COPY OF THE AADHAR CARD IN THE NAME OF THE PETITIONERS MOTHER RAJI V.K. EXHIBIT P5 TRUE COPY OF THE ELECTORAL ID CARD OF THE PETITIONERS MOTHER RAJI V.K. EXHIBIT P6 TRUE PHOTOSTAT COPY OF THE RELEVANT PAGE OF THE GAZETTE NOTIFICATION NO.49 VOL. IX DATED 15.12.2020. EXHIBIT P7 TRUE COPY OF THE LETTER ISSUED BY THE PETITIONERS MOTHER RAJI V.K. TO THE 1ST RESPONDENT DATED 19.4.2021.

Anand S v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Anand S v. Central Board of Secondary Education

Case brief

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