Disposed

Minnu Rosy Varghese, v. the Regional Officer, Central Board of Secondary Education

Kerala HC4 Dec 2021WP(C)/16481/2021

Case brief

AI extract

What is this about?

The petitioner sought correction of her father's spelling in CBSE certificates. The Regional Officer rejected it citing mismatch with school records. The Court directed the School to forward the request to the CBSE for reconsideration within six weeks under the Scheme in Jigya Yadav v. CBSE (SC).

What did the court decide?

The 2nd respondent directed to forward the request to the 1st respondent for correction within six weeks.

Minnu Rosy Varghese, Vs the Regional Officer… — 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 N.NAGARESH

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SATURDAY, THE 4^TH DAY OF DECEMBER 2021/13TH AGRAHAYANA, 1943

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WP(C) NO. 16481 OF 2021

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PETITIONER:

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MINNU ROSY VARGHESE, AGED 23 YEARS D/O.BYJU VARGHESE, THADAMURIYIL HOUSE, LAKKATTOOR P.O., KOTTAYAM.

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BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS

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RESPONDENTS:

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1 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION,

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NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR(WEST), CHENNAI-600 040.

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2 PRINCIPAL, CLUNY PUBLIC SCHOOL & JUNIOR COLLEGE, CHEPPUMPARA, LAKKATTOOR P.O., KOTTAYAM-686 005.

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3 ADDL.R3.THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004.

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(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 21-102021 IN IA 1/2021.)

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BY ADV SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.16481/2021

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J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 4^th day of December, 2021

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The petitioner is aggrieved by the refusal of the 1^st respondent to effect corrections in the CBSE Certificates of

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the petitioner, by correcting the spelling of the name of the petitioner’s father.

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The petitioner completed Secondary School Education from the 2^nd respondent’s School affiliated to the Central Board of Secondary Education (CBSE). The petitioner states that the correct spelling of the name of petitioner’s father is “BYJU VARGHESE”. But, the name is mistakenly spelt as “BAIJU VARGHESE” in Ext.P1 CBSE Secondary School Examination Certificate. The petitioner completed her B.Tech Degree and is planning to go abroad for higher studies. But, the misspelled name of petitioner’s father would create difficulty in getting admission in Foreign Educational

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WP(C) No.16481/2021

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: 3 :

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Institutions and in going abroad.

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The petitioner hence submitted Ext.P3 request for correction to the 2^nd respondent-Principal. The 2^nd respondent, in turn, sent Ext.P4 letter to the additional 3^rd respondentRegional Officer, Thiruvananthapuram to make the correction. The additional 3^rd respondent forwarded the same to the 1^st respondent-Regional Officer, Chennai. But, the 1^st respondent declined to make correction as per Ext.P7, on the ground that the correction sought for is not matching with the School records and hence cannot be accepted in view of Rule 69 of the Examination Bye-laws. The petitioner is aggrieved by Ext.P7.

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The learned Standing Counsel representing the 1^st respondent and additional 3^rd respondent filed a statement. The Standing Counsel submitted that the Hon'ble Apex Court delivered its judgment in Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711 (SC)] exhaustively dealing with the issue of correction of CBSE records/certificates.

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WP(C) No.16481/2021

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: 4 :

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I have heard the learned counsel for the petitioner

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and the learned Standing Counsel representing the 1^st and additional 3^rd respondents.

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It is not disputed that the procedure/norms relating to the correction of Date of Birth and name of Candidates and parents are governed by the judgment of the Hon'ble Apex Court in Jigya Yadav (supra) till the amended bye-laws are notified by the CBSE. Therefore, the application for correction submitted by the petitioner will have to be considered in the light of the judgment of the Apex Court.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to forward the request to the 1^st respondent for correction. The 1^st respondent shall consider the request submitted by the petitioner to correct the spelling of the name of petitioner’s father in Ext.P1 in the light of the Scheme laid down by the Hon’ble Apex Court in Jigya Yadav (supra), within a period of six weeks. After correcting the name in Ext.P1, the School authorities may forward the application of the petitioner for effecting corrections in Exts.P1(a) and

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WP(C) No.16481/2021

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: 5 :

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P1(b) to the additional 3^rd respondent. The additional 3^rd

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respondent shall consider such application for correction, within a further period of six weeks from the date of receipt of the application.

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Sd/- N. NAGARESH, JUDGE

aks/06.12.2021

WP(C) No.16481/2021

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APPENDIX OF WP(C) 16481/2021

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PETITIONER'S EXHIBITS

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Exhibit P1	THE COPY OF THE GRADE SHEET CUM
	CERTIFICATE OF PERFORMANCE DATED
	26.05.2013 OF THE PETITIONER ISSUED BY THE CBSE.
Exhibit P1 A	THE COPY OF THE PASS CERTIFICATE DATED 25.05.2015 ISSUED BY THE CBSE.
Exhibit P1 B	THE COPY OF THE MARKS STATEMENT DATED 25.05.2015 ISSUED BY THE CBSE.
Exhibit P2	THE COPY OF THE BIRTH CERTIFICATE DATED 09.12.2019 OF THE PETITIONER SHOWING
	THE SPELLING OF THE FATHER OF THE PETITIONER AS BYJU VARGHESE.
Exhibit P2 A	THE COPY OF THE BIRTH CERTIFICATE DATED 16.02.01 (ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, CHANGANACHERRY MUNICIPALITY) OF MINSU ELIZEBETH VARGHESE SLIBLING OF THE PETITIONER.,
Exhibit P3	THE COPY OF THE REQUEST LETTER DATED 18.12.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT-PRINCIPAL.
Exhibit P4	THE COPY OF THE LETTER NO.CPS/CBSE/21/2019 DATED 19.12.2019 (WITHOUT ENCLOSURES) SUBMITTED BY THE
	2ND RESPONDENT PRINCIPAL TO THE REGIONAL OFFICER, CBSE, THIRUVANANTHAPURAM.
Exhibit P5	THE COPY OF THE LETTER
	NO.CPS/CBSE/27/2019-20 DATED 11.02.2020 (WITHOUT THE COPIES OF THE DOCUMENTS)
	SUBMITTED BY THE 2ND RESPONDENT PRINCIPAL TO THE 1ST RESPONDENT.

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WP(C) No.16481/2021

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: 7 :

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Exhibit P6	THE COP	Y	OF	THE	LETTER
	NO.CPS/CBSE/ (WITHOUT EN 2ND RESPONDE RESPONDENT.	10/ CLOS NT	2020-21 URES) PRINCIP	DATED 04 SUBMITTED AL BEFORE	.11.2020 BY THE THE 1ST
Exhibit P7	THE COPY OF ISSUED BY TH	THE E 1	ORDER ST RESP	DATED 12 ONDENT.	.09.2020
Exhibit P8	THE COPY	OF	THE	JUDGMENT	DATED
	22.09.2020 NO.779/2020	IN OF	WA NO. THE	681/2020 HONOURABL	AND WA E HIGH
	COURT OF KER	ALA	.

Minnu Rosy Varghese, v. the Regional Officer, Central Board of Secondary Education

Case brief

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Minnu Rosy Varghese, v. the Regional Officer, Central Board of Secondary Education

Case brief

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