Court allowed writ petition entrusting correction of petitioner's date of birth in CBSE mark sheet and school records based on valid evidence, ordering payment of costs and expenses.
Petitioner to file correction application and deposit Rs.6,500/-; 2nd respondent to correct and forward records to CBSE within three weeks; CBSE to issue fresh certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942
WP(C).No.1307 OF 2021(K)
PETITIONER/S:
DR.ARUN S., TC-7/1914,D11, IMMANUEL, ANASWARA LANE, SREE CHITRA NAGAR, PANGODE, THIRUMALA P.O.THIRUVANANTHAPURAM, PIN-695 006.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.P.BALAKRISHNA PILLAY SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA SHRI.VISHNU V.K. KUM.ABHIRAMI K. UDAY SHRI.KURUVILLA SABU CHRISTY
RESPONDENT/S:
1 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION (REGIONAL OFFICE) NEW NO-3, OLD NO 1630A, 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600 040.
2 PRINCIPAL, ST. MARYS RESIDENTIAL CENTRAL SCHOOL, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695 012.
R1 BY SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 4th day of February 2021
Petitioner herein appeared for All India
Secondary School Examination, 2008 conducted by CBSE. He was issued with Ext.P1 certificate, in which, the
date of birth of the petitioner was shown as 22.02.1993. According to the petitioner, his correct date of birth is 22.02.1992, evident from Ext.P2 birth certificate, Ext.P3 PAN Card, Ext.P4 Electiom ID Card, Ext.P5 Aadhar Card, Ext.P6 Passport and Ext.P7 the certificate of registration issued by the Travancore - Cochin Council of Modern Medicine.
2. Petitioner applied for necessary correction of
date of birth before the CBSE by submitting an application. However, the correction was not done. Accordingly, petitioner approached this Court seeking
direction to the respondents to make necessary corrections in Ext.P1 document and relevant school records.
3. Opposing the application, learned Counsel for
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the 1st respondent submitted that, there is considerable delay in filing the application. It was contended that the correction sought is beyond the permissible limit. It was also contended that there is no provision for correcting a mistake of this nature, which is already on record.
4. This Court in various decisions, have consistently held that, if a genuine case is made out and the delay is satisfactorily explained, the Court can order correction of the records based on relevant
documents. Learned Counsel for the petitioner explained that, even though the date was wrongly mentioned in Ext.P1, till recently it was not noticed since no authority had raised objection. However, when he applied for the combined medical examination, his application was objected on the ground that there was difference in the date of birth. However, he was permitted to appear for the scheduled examination, subject to the correction of date of birth in Ext.P1 certificate.
5. Evidently the delay has been explained
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properly by the petitioner. In the light of Exts.P3 to P7 documents, I find no reason as to why Ext.P1 should not be corrected, since the other documents
are also issued by the statutory authorities, and that can be relied on.
6. Having considered the nature of the relief sought and the objection raised by the 1st respondent, I am inclined to dispose of the writ petition with the following directions:
i) Petitioner shall file a fresh application to the 2nd respondent requesting for correction of the date of birth. Copies of Ext.P2 to Ext.P7 shall be placed along with the application proposed to be filed.
ii) Applicant shall also enclose a DD for Rs.5,000/- (Rupees Five Thousand Only) drawn in favour of the CBSE, Chennai Region as costs. Such application along with DD shall be filed within three weeks from today.
iii) The petitioner shall also additionally remit a sum of Rs.1,500/-
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(Rupees One Thousand Five Hundred only) in the office of the 2nd respondent as their expenses for the above process.
iv) The 2nd respondent after verifying the documents filed, shall carry out correction of the date of birth in the school records in accordance with Exts.P2 to P7 within a period of three weeks from the date of receipt of application.
v) On such correction, the records shall be forthwith forwarded to the 1st respondent Regional Office, CBSE, Chennai, along with DD. The CBSE, Chennai shall process the above application and take steps for issuing necessary certificate with corrected date of birth. This shall be completed within three weeks of receiving the records from the 2nd respondent along with DD.
The writ petition is disposed of accordingly.
Sd/-
SUNIL THOMAS
JUDGE
uu
04.02.2021
WP(C).No.1307 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE MARK STATEMENT DATED 27.5.2008 ISSUED BY THE CONTROLLER OF EXAMINATION OF CBSE. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE TRIVANDRUM CORPORATION DATED 31.3.2015 |
| EXHIBIT P3 | TRUE COPY OF THE PAN CARD OF THE PETITIONER |
| EXHIBIT P4 | TRUE COPY OF THE ELECTION ID CARD OF THE PETITIONER |
| EXHIBIT P5 | TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER |
| EXHIBIT P6 | TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER |
| EXHIBIT P7 | TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE TRAVANCORE- COCHIN COUNCIL OF MODERN MEDICINE DATED 25.10.2017 |
| EXHIBIT P8 | TRUE COPY OF THE LETTER DATED 7.12.2020 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT WITHOUT ITS ENCLOSURES |
| EXHIBIT P9 | TRUE COPY OF THE LETTER DATED 17.12.2020 OF THE UNDER SECRETARY 9EXAM) TO UPSC. |
| EXHIBIT P10 | TRUE COPY OF THE REPLY DATED 18.12.2020 GIVEN BY THE PETITIONER TO THE UNDER SECRETARY (CMS EXAM), UPSC, WITHOUT ITS ENCLOSURES. |
| EXHIBIT P11 | TRUE COPY OF THE LETTER DATED 18.12.2020 SENT BY THE 2ND RESPONDENT TO THE UNDER SECRETARY (CMS EXAM),UPSC. |
| EXHIBIT P12 | TRUE COPY OF THE LETTER DATED 6.1.2021 ISSUED BY THE UNDER SECRETARY (EXAM) TO UPSC. |
| EXHIBIT P13 | TRUE COPY OF THE E-SUMMON LETTER ISSUED TO THE PETITIONER FOR THE PERSONALITY TEST DATED 7.1.21 |
3 issues framed by the court
Whether the writ petition challenging the non-correction of date of birth in CBSE records deserves intervention despite delay.
Whether the petitioner was entitled to a direction to correct the date of birth in school and CBSE documents.
Whether costs and expenses needed to be borne by the petitioner for the correction process.
DR. ARUN S.
THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION
PRINCIPAL, ST. MARYS RESIDENTIAL CENTRAL SCHOOL
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
