Disposed

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

Kerala HC21 Oct 2021WP(C)/16247/2021

Case brief

AI extract

What is this about?

Petitioner sought correction of her date of birth erroneously recorded in school and CBSE records. The Court noted the Apex Court's classification of requests as 'correction' or 'change'. Holding that this case falls under 'change' to align with public documents, the Court allowed consideration of the request subject to compliance with prescribed conditions, dismissing the plea of excessive delay.

What did the court decide?

Petitioner must submit a fresh application complying with conditions in Jigya Yadav; Second Respondent to consider the application.

Arya T.P Vs the Principal, Bhartiya Vidya Bhavan E M… — 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 SATHISH NINAN

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THURSDAY, THE 21^ST DAY OF OCTOBER 2021 / 29TH ASWINA, 1943 WP(C) NO. 16247 OF 2021

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PETITIONER:

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ARYA T.P AGED 28 YEARS D/O. T.P. PURUSHAN, THAITHARAYIL, 338, BP ANGADI P.O., THALAKKAD, TIRUR, MALAPPURAM DISTRICT 676 102.

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BY ADVS. ANIL S.RAJ K.N.RAJANI RADHIKA RAJASEKHARAN P. ANILA PETER

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RESPONDENTS:

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1 THE PRINCIPAL, BHARTIYA VIDYA BHAVAN E M SCHOOL BHAVAN'S VIDYA NAGAR, THIRUNAVAYA, CODACAL P.O., MALAPPURAM-676 102.

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2 CENTRAL BOARD OF SECONDARY EDUCATION (CHENNAI REGIONAL OFFICE) 6TH STREET, ANNA NAGAR WEST, CHENNAI, TAMILNADU 600 040 REPRESENTED BY ITS REGIONAL OFFICER.

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BY ADV SRI.NIRMAL S., SC, CBSE BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.16247 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 21^st day of October, 2021

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J U D G M E N T

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The request of the petitioner for correction of

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date of birth in the school records and the records of the Central Board of Secondary Education (CBSE) is not being entertained by the Board; aggrieved thereby, the petitioner has approached this Court.

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According to the petitioner, her date of birth is 11.06.1992 , but has been erroneously recorded in the school records as 11.12.1992 . The petitioner relies on Ext.P1 birth certificate issued by the Registrar of Births and Deaths, Thirunavaya Panchayath, to substantiate the same.

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The petitioner completed her 10^th standard in the year 2008. She seeks for correction of the school records only at this distance of time. According to the learned counsel for the petitioner, the petitioner is a graduate in B.Sc Nursing and has been presently served

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W. P. (C) No.16247 of 2021 -: 2 :-

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with an employment offer letter by West London Mental Health NHS Trust. It is while making arrangements for the overseas employment that the mistake in the CBSE mark list of the 10^th standard was noticed. Though an application was filed earlier by the father of the petitioner for correction of birth, the same was rejected inter alia for the reason that correction can be made only within two years from the date of declaration of results. The petitioner was a minor at that time.

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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 required

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W. P. (C) No.16247 of 2021

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-: 3 :-

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to be made consistent with the particulars mentioned in

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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

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

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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 hence would fall within the first classification, of the second category. With regard to the said cases, 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

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W. P. (C) No.16247 of 2021

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-: 4 :-

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it in conformity with the public documents, could be

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entertained. It was further observed by the Apex Court that the Board is entitled to impose reasonable conditions while considering such request. The conditions observed by the Apex Court are:-

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

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(b) Payment of fee for administrative expenses.

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

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(d) Require surrender of the original certificate.

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(e) A fresh certificate issued may contain

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

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While it is true that there has been delay on

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the part of the petitioner in seeking for the “change”, the explanation offered by the petitioner that the

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W. P. (C) No.16247 of 2021

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-: 5 :-

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mistake was noticed only when arrangements were being

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made to secure a job abroad, cannot be brushed aside. Hence, I am of the opinion that the petitioner's request is liable to be considered.

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Accordingly it is ordered that, on the

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petitioner submitting a fresh application for change of date of birth through the first respondent school on complying with the requirements as above, then the second respondent shall consider the same in the light of the judgment of the Apex Court referred to supra and dehors Ext.P4 order of rejection.

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Writ petition is disposed of as above.

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Sd/-

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SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 16247/2021

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PETITIONER EXHIBITS

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Exhibit	P1 TRUE COPY OF THE BIRTH CERTIFICAT EOF THE
	PETITIONER ISSUED BY THE THIRUNAVAYA PANCHAYATH DATED 22.6.1992.
Exhibit	P2 TRUE COPY OF THE ONE AND SAME CERTIFICATE ISSUED BY THALAKKAD VILLAGE OFFICE, MALAPPURAM TO THE PETITIONER DATED 19.7.2021.
Exhibit	P3 TRUE COPY OF THE CBSE PASS CERTIFICATE OF XTH OF THE PETITIONER DATED 27.5.2008.
Exhibit	P3(A) TRUE COPY OF THE CBSE MARK LIST OF XTH OF THE PETITIONER DATED 27.5.2008.
Exhibit	P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT BEARING NO: RO(M) CORRN/REJECTION /DOB/2009/600 DATED 13.10.2009.
Exhibit	P5 TRUE COPY OF THE OFFER OF EMPLOYMENT DATED 13.7.2021 ISSUED BY WEST LONDON MENTAL HEALTH NHS TRUST TO THE PETITIONER.

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

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

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