Disposed

Sethu Sivan Pillai v. the Assistant Secretary

Kerala HC22 Oct 2021WP(C)/15703/2021

Case brief

AI extract

What is this about?

Petitioner approached High Court directing Central Board of Secondary Education (CBSE) to correct his name, father's name, mother's name, and date of birth in school records to match public documents like birth certificates. Court directed Board to consider application afresh.

What did the court decide?

Petitioner directed to submit fresh application; Additional 7th Respondent directed to consider same complying with conditions in Apex Court judgment.

Sethu Sivan Pillai Vs the Assistant Secretary — Service and Employment | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SATHISH NINAN

¶4

FRIDAY, THE 22^ND DAY OF OCTOBER 2021 / 30TH ASWINA, 1943

¶5

WP(C) NO. 15703 OF 2021

¶6

PETITIONER:

¶7

SETHU SIVAN PILLAI AGED 23 YEARS S/O.SIVAN PILLAI G., NILAKKALATH HOUSE, VETTIYAR, MANKAMKUZHI P.O., MAVELIKKARA, ALAPPUZHA - 690 558 (FROM SIVAMANGALAM, KURAMPALA P.O., PANDALAM, PATHANAMTHITTA - 680 501).

¶8

BY ADV B.MOHANLAL

¶9

RESPONDENTS:

¶10

1 THE ASSISTANT SECRETARY CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI - 40.

¶11

2 THE JOINT SECRETARY AND REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR, BLOCK5, LIC DIVISIONAL OFFICE CAMPUS, PATTOM P.O., THIRUVANANTHAPURAM - 695 004.

¶12

3 THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREETH VIHAR, DELHI - 110 092.

¶13

4 THE CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J- BLOCK, ANNA NAGAR (WEST), CHENNAI - 40.

¶14

5 THE PRINCIPAL, AMRITHA VIDYALAYAM KURAMPALA P.O., PANDALAM, PATHANAMTHITTA - 689 501.

¶15

6 THE PRINCIPAL, MODERN INTERNATIONAL SCHOOL (CODE NO.72568) MUBARRAZ STREET, OPPOSITE RIYADH BANK, OTHIAM ROUND ABOUT, AYN MARJAN, AL-MUBARRAZ - 36341, SAUDI ARABIA, KSA.

¶16

7 ADDL.R7. THE REGIONAL OFFICER, C.B.S.E.P.S. 1-2 PATPARGANJ, I.P. EXTENSION, INSTITUTIONAL AREA, NEW

¶17

¶18

WP(C) NO. 15703 OF 2021

¶19

DELHI - 110 092 *ADDL.R7 IMPLEADED AS PER I.A.No.1/2021 DATED 13/10/2021 BY ADVS. SRI.NIRMAL S., SC, CBSE K.MANOJ CHANDRAN BY SR.GOVT.PLEADER:SRI.BIMAL.K.NATH

¶20

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

¶22

WP(C) NO. 15703 OF 2021

¶23

J U D G M E N T

¶24

The request of the petitioner for correction of particulars regarding candidate name, parents name and the date of birth of the petitioner in the records of the Central Board of Secondary Education (CBSE) was not entertained by the Board. Aggrieved thereby, the petitioner has approached this Court.

¶25

The descriptions sought to be corrected are as under:-

¶26

Particulars	Actual	Present Entry
Name of Petitioner	Sethu Sivan Pillai	Sethu
Date of birth	26.11.1997	26.11.1998
Father's name	Sivan Pillai G	Sivan Pillai Gopala
Mother's name	Lelithakumary	Lelitha Kumary Sivan Pillai

¶27

The petitioner relies on Exts.P1 and P2 birth certificates

¶28

issued by the Registrar of Births and Deaths, Pandalam

¶29

¶30

WP(C) NO. 15703 OF 2021

¶31

Municipality, Ext.P3 the true copy of the relevant pages of the SSLC Book of the petitioner's father Sri.Sivan Pillai.G issued by the Secretary, Board of Public Examinations, Ext.P4 the true copy of the Aadhar Card No.567245648448 of the petitioner's mother Smt.Lelithakumary and Ext.P5 the true copy of the relevant pages of the Gazette Notification No:26, Part-

¶32

IV dated 26.06.2021, to substantiate the above facts.

¶33

The petitioner completed 10^th standard during the year 2015. He seeks for correction of the school records. According to the learned counsel for the petitioner, the mistake was noticed only now when preparations were being made for pursuing higher studies.

¶34

The right of a student of the Board to seek for correction/change of the particulars in the school records and the certificates issued by the Board has been dealt with exhaustively by the Apex Court in Jigya Yadav v. CBSE [2021 (3) KLT 711 (SC)] . The situations were divided into two categories namely, where “correction” is sought and, where “change” is sought. Under the category of “corrections” the Apex Court included cases where the certificates issued by the Board were

¶35

¶36

WP(C) NO. 15703 OF 2021

¶37

required to be made consistent with the particulars mentioned in the school records. In the category of “change” of particulars, two situations were contemplated-firstly, where by the records of the Board provide particulars different from that provided in public documents like birth certificate, aadhar card, election card etc. and secondly, a case of

¶38

request for change of name consequent to the acquisition of a name by choice at a later point of time.

¶39

In the case at hand, the issue involved relates to “change” of particulars in the certificate issued by the CBSE to make it consistent with public documents and also change consequent to acquisition of name. With regard to effecting changes to make the records in confirmity with public documents, the Apex Court observed that the legal presumption in relation to public documents as envisaged in the Indian Evidence Act, 1872 cannot be ignored by the Board. It was accordingly held that, request for effecting such changes in the certificates issued by the Board, to make it in conformity with the public documents, could be entertained. It was further observed by the Apex Court that the Board is entitled

¶40

¶41

WP(C) NO. 15703 OF 2021

¶42

to impose reasonable conditions while considering such request. The conditions observed by the Apex Court are:-

¶43

(a) An affidavit containing a declaration and an undertaking to indemnify the Board.

¶44

(b) Payment of fee for administrative expenses.

¶45

¶46

facts, require effecting of public notice and publication in the official gazette.

¶47

(d) Require surrender of the original certificate.

¶48

(e) A fresh certificate issued may contain disclaimer and

¶49

caption/annotation against the original entry. (Except in respect of change of name effected in exercise of 'right to be forgotten'.)

¶50

While it is true that there has been delay on the part of the petitioner in seeking for the “change”, the explanation offered by the petitioner that the mistake was noticed only when preparations were made for study abroad, cannot be brushed aside especially considering his age.

¶51

As regards the change of name, the name of the

¶52

petitioner was changed from “Sethu” to “Sethu Sivan Pillai”

¶53

¶54

WP(C) NO. 15703 OF 2021

¶55

through Gazette notification (Ext.P5).

¶56

In the light of the above materials and the judgment

¶57

of the Apex Court in Jigya Yadav (supra) the petitioner's request is liable to be considered afresh.

¶58

Accordingly it is ordered that, on the petitioner submitting a fresh application for change of the particulars as above, through the fifth respondent school, on complying with the requirements noticed supra, then the Additional seventh respondent shall consider the same in the light of the judgment of the Apex Court referred to supra.

¶59

Writ petition is disposed of as above.

¶60

Sd/- SATHISH NINAN JUDGE

¶61

rsr

¶62

¶63

WP(C) NO. 15703 OF 2021

¶64

APPENDIX OF WP(C) 15703/2021

¶65

PETITIONER EXHIBITS

¶66

Exhibit P1	THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PANDALAM MUNICIPALITY DATED 12/06/2017 TO THE PETITIONER.
Exhibit P2	THE TRUE COPY OF THE CORRECTED BIRTH CERTIFICATE DATED 29/07/2021 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, PANDALAM MUNICIPALITY TO THE PETITIONER.
Exhibit P3	THE TRUE COPY OF THE RELEVANT PAGES OF THE SSLC BOOK OF THE PETITIONER'S FATHER SRI.SIVAN PILLAI G. ISSUED BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS.
Exhibit P4	THE TRUE COPY OF THE AADHAR CARD NO.567245648448 OF THE PETITIONER'S MOTHER SMT.LELITHA KUMARY ISSUED BY THE GOVERNMENT OF INDIA.
Exhibit P5	THE TRUE COPY OF THE RELEVANT PAGES OF THE GAZETTE NOTIFICATION NO.26 PART -IV PUBLISHED DATED 26/06/2021, NEW DELHI.
Exhibit P6	THE TRUE COPY OF THE CERTIFICATE OF SECONDARY SCHOOL EXAMINATION SESSION 2013-2015 DATED 28/05/2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
Exhibit P7	THE TRUE COPY OF THE MIGRATION CERTIFICATE DATED 02/02/2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit P8	THE TRUE COPY OF THE ORDER NO.CBSE/COORD/AS/C/2017 DATED 01/02/2018 ISSUED BY THE 4TH RESPONDENT.
Exhibit P9	THE TRUE COPY OF THE JUDGMENT DATED 03/12/2020 IN W.A.NO.1533/2020 OF THIS HON'BLE COURT.

¶67

¶68

WP(C) NO. 15703 OF 2021

Sethu Sivan Pillai v. the Assistant Secretary

Case brief

What is this about?

What did the court decide?

Sethu Sivan Pillai v. the Assistant Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Arya T.P Vs the Principal, Bhartiya Vidya Bhavan E M School

Bindhu Nair Jayagopan Vs Chief Registrar of Birth and Death

Fathima Shabna T.T. Vs the Central Board of Secondary Education (Cbse)

Binu Samuel Vs Dr.Haris Rasheed, the Revenue Divisional Officer

Zahida Banu, Vs the Regional Transport Authority

Lilly Varghese Vs Akash M.S