Disposed

Akhil Balu K.K. v. the Central Board of Secondary Education

Kerala HC9 Feb 2021WP(C)/1496/2021

Case brief

AI extract

What is this about?

The court addressed a writ petition regarding a discrepancy in the petitioner's date of birth in his CBSE evaluation certificate. Instead of deciding the merits immediately, the court directed the petitioner to apply to the school for correction, pay administrative fees, and followed up with a timeline for the school and the CBSE to process the corrected documents.

What did the court decide?

Direction to file an application for correction of DOB with fee payment; direction to school and CBSE to process corrections within specific timelines.

Akhil Balu K.K. Vs the Central Board of Secondary… — Education and Admissions | 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 SUNIL THOMAS

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TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

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WP(C).No.1496 OF 2021(J)

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PETITIONER:

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AKHIL BALU K.K. AGED 26 YEARS S/O BALAKRISHNAN K.K, KUNHIKANNOTH HOUSE, MANATHANA P.O. PERAVUR, KANNUR-670 674.

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BY ADV. SRI.SATHEESHAN ALAKKADAN

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RESPONDENTS:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION REP BY ITS REGIONAL OFFICER, REGIONAL OFFICE, 1630-A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI-600 040.

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2 THE PRINCIPAL, MAMBARAM ENGLISH MEDIUM SCHOOL, MAMBARAM, KANNUR, KERALA-670 622.

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R1 BY SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1496 OF 2021

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JUDGMENT

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Dated this the 9th day of February 2021

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The petitioner passed his schooling from the

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second respondent School. He was issued with Ext.P2 certificate, which is the Continuous And

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Comprehensive Evaluation Certificate issued by the first respondent, which disclosed his date of birth as 30.10.1995. According to the petitioner, his

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actual date of birth is 30.10.1994, which is

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evidenced by Ext.P1 certificate issued by the

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Registrar of Birth and Death, Taliparamba Municipality.

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His contention is that, it was due to an

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inadvertent mistake that occurred on conveying the

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date of birth at the time of his admission, this

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defect has crept in. He sought correction of date of

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birth by submitting an application before the first respondent, which was rejected by Ext.P3 order.

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Hence, the petitioner has approached this Court.

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WP(C).No.1496 OF 2021

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wherein it is contended that, there is no mistake and

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the date as originally conveyed and entered in the School records have been correctly carried forwarded in Ext.P2 certificate. It is also contended that, there is long delay in filing such an application.

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The learned counsel for the petitioner

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contended that, he has completed his M.B.B.S course

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and till now no authority had raised dispute regarding the date of birth. The issue arose only after completing his M.B.B.S course and when he proposed to go for a P.G course. Hence, the delay is sought to be condoned on that ground. The learned

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counsel for the petitioner has thus explained the delay.

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Having considered the limited prayer sought

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by the petitioner herein, I am inclined to dispose of the writ petition as follows:

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i). The petitioner to file an

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appropriate application before the second

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WP(C).No.1496 OF 2021

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respondent, seeking correction of the date of

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birth. The application shall be submitted within two weeks from today.

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ii). He shall produce a copy of Ext.P1 along with his application. He shall also enclose a Demand Draft for a sum of Rs.5000/(Rupees Five Thousand Only) in favor of the first respondent, along with another demand draft for a sum of Rs.1500/- (Rupees One Thousand Five Hundred Only) in favor of the second respondent, for the administrative expenses of the School.

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iii). On receipt of such an

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application, the second respondent shall

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carry out necessary corrections in School records and forward the documents to the first respondent within four weeks from the date of receipt of the application.

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WP(C).No.1496 OF 2021

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iv). The first respondent shall take

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appropriate decision on that within a further period of four weeks from the date of receipt of the above documents. Modified certificate shall be issued accordingly.

Sd/-

SUNIL THOMAS

JUDGE

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

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WP(C).No.1496 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, TALIPARAMBA MUNICIPALITY EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF CONTINUOUS AND COMPREHENSIVE EVALUATION ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 14.1.2020 ISSUED BY THE 1ST RESPONDENT BY REJECTING THE REQUEST OF THE PETITIONER EXHIBIT P4 TRUE COPY OF THE REPORTED JUDGMENT IN WPC 29893/2018 REPORTED IN 2019(1)KLT 33.

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//True Copy// P.A to Judge

Akhil Balu K.K. v. the Central Board of Secondary Education

Case brief

What is this about?

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Akhil Balu K.K. v. the Central Board of Secondary Education

Case brief

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