Allowed

Pradosh Keshav M.v., v. Central Board of Secondary Education

Kerala HC5 Feb 2021WP(C)/1475/2021

Case brief

AI extract

What is this about?

A writ petition seeking direction to correct an erroneously recorded date of birth in CBSE examination certificates. The High Court, accepting no willful default, directed the petitioner to file a new application with requisite documents, fees, and costs, mandating corrections within specified timelines.

What did the court decide?

Petitioner directed to file fresh application with documents and fees; School to correct records and issue fresh certificate within six weeks.

Pradosh Keshav M.v., Vs Central Board of Secondary… — Education and Admissions | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

¶5

WP(C).No.1475 OF 2021(H)

¶6

PETITIONER:

¶7

PRADOSH KESHAV M.V., AGED 27 YEARS S/O. KESHAVAN, EDAPURATH HOUSE, CHERUMUNDASSERI, AMBALAPPARA, OTTAPALAM TALUK, PALAKKAD DISTRICT.

¶8

BY ADV. SRI.P.JAYARAM

¶9

RESPONDENTS:

¶10

1 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110096.

¶11

2 THE REGIONAL MANAGER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 1630-A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600040.

¶12

3 THE PRINCIPAL, AMRITA VIDYALAYAM, P.O.KANNIYAMPURAM, OTTAPALAM-679104.

¶13

R1-2 BY SRI.NIRMAL S., SC, CBSE

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

WP(C).No.1475 OF 2021

¶16

¶17

JUDGMENT

¶18

Dated this the 5th day of February 2021

¶19

The petitioner completed his Senior Secondary Examination in the year 2011, from the third respondent Institution. In Ext.P2 C.B.S.E certificate issued to

¶20

him, his date of birth was shown as 20.11.1993.

¶21

According to the petitioner, his actual date

¶22

of birth is 18.10.1993. However by an inadvertent mistake, wrong date of birth was conveyed at the time of his admission in the School. To substantiate the contention of the petitioner that he was born on 18.10.1993, he relies on Ext.P3 Aadhar Card and Ext.P4

¶23

Birth Certificate issued from the Ottapalam

¶24

Municipality. He submitted an application before the

¶25

respondent, to correct the date of birth which was

¶26

rejected by Ext.P1 communication. Accordingly, he has approached this Court seeking a direction to the respondents to correct the date of birth.

¶27

WP(C).No.1475 OF 2021

¶28

¶29

The respondents have filed a statement

¶30

traversing the various claims made in the writ petition. It was submitted by the learned counsel for

¶31

the respondents that, the entry made in the C.B.S.E certificate cannot be corrected. Corrections could be

¶32

made only in relation to entries which are not in consonance with the School records. It was submitted

¶33

that, there is a long delay in approaching the authority for correction. It was pointed out by the learned counsel that, the certificate is dated 31.05.2011 and the petitioner approached the respondent Nos. 1 and 2 only in 2020.

¶34

However it was answered by the learned

¶35

counsel for the petitioner contenting that, the

¶36

requirement for a correction came only at a stage when disputes arose in connection with the date of birth. Accordingly the request for correction was submitted. I am inclined to accept this submission, in the absence of anything to indicate that there was willful latches on the part of the petitioner in seeking correction.

¶37

WP(C).No.1475 OF 2021

¶38

¶39

Having considered this, I am inclined to

¶40

dispose of the writ petition on the following directions.

¶41

i). The petitioner is directed to file a fresh application to the third respondent along with the copies of the requisite documents for making necessary correction in the school records, within a period of two weeks from today. Applicant shall also enclose a DD

¶42

for Rs. 5,000/- (Rupees five thousand only)drawn in

¶43

favour of the CBSE, Chennai Branch as costs. Such

¶44

application along with DD shall be filed within three weeks from today.

¶45

ii). The petitioner shall also additionally

¶46

remit a sum of Rs.1,500/- ( Rupees one thousand five hundred only) in the office of the third respondent as their expenses for the above process.

¶47

iii). Thereupon, the third respondent shall

¶48

make necessary corrections in the records. Such records shall be forwarded within a period of six weeks from

¶49

the date of receipt of a copy of that order to the

¶50

second respondent to carryout correction in the

¶51

¶52

WP(C).No.1475 OF 2021

¶53

certificate and issue fresh certificate within six weeks from the date of receipt of a communication from

¶54

the third respondent.

Sd/-

SUNIL THOMAS

JUDGE

Jms //True Copy// P.A to Judge

¶59

WP(C).No.1475 OF 2021

¶60

¶61

APPENDIX

¶62

PETITIONER'S EXHIBITS:

¶63

EXHIBIT P1 TRUE COPY OF THE ORDER CBSE/RO(M)/CORRN/2019/13021 DATED 27.11.2020 REFUSING TO CORRECT PETITIONER'S DATE OF BIRTH.

¶64

EXHIBIT P2 TRUE COPY OF THE PETITIONER'S SECONDARY SCHOOL EXAMINATION (SESSION:2009-11) CERTIFICATE DATED 31.5.2011 ISSUED BY CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, DELHI.

¶65

EXHIBIT P3 TRUE COPY OF THE PETITIONER'S ADHAR CARD NO.980711346904.

¶66

EXHIBIT P4 TRUE COPY OF THE PETITIONER'S BIRTH CERTIFICATE ISSUED FROM OTTAPALAM MUNICIPALITY.

¶67

EXHIBIT P5

¶68

TRUE COPY OF THE AFFIDAVIT DATED 28.12.2020 EXECUTED BY PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE, OTTAPALAM SWEARING HIS CORRECT DATE OF BIRTH TO BE 18.10.1993.

¶69

//True Copy// P.A to Judge

Pradosh Keshav M.v., v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Pradosh Keshav M.v., v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sajimon K.K Vs the Excise Commissioner

Dr.Arun S., Vs the Regional Officer

Sajimon K.K. Vs the Excise Commissioner

Ajayakumar v.a., Vs the Kerala State Road Transport Corporation

C. Soman, Vs State Co-Operative Election Commission

Ganesh N.C Vs Kerala State Road Transport Corporation