Dismissed

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

Kerala HC21 Oct 2021WP(C)/18672/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking correction of the petitioner's date of birth in CBSE school records. The Court directed the petitioner to submit a fresh application complying with Supreme Court conditions, ordering the CBSE to reconsider it.

What did the court decide?

Petitioner directed to submit a fresh application complying with Supreme Court requirements of Jigya Yadav v. CBSE; CBSE to consider it afresh.

Fathima Shabna T.T. Vs the Central Board of… — 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

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WP(C) NO. 18672 OF 2021

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PETITIONER:

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FATHIMA SHABNA T.T. AGED 29 YEARS D/O. ABDURAHMAN T.T., RESIDING AT CHERUMKUYIYIL HOUSE, VARATTIYAKKAL, KUNNAMANGALAM (MIE), KOZHIKODE DITRICT, PIN-673 571.

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BY ADVS. ANZAR BASHEER NADEESHA T. NUSHAD

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RESPONDENTS:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) REPRESENTED BY ITS CHAIRMAN, “SHIKSHA KENDRA”, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092.

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2 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) NEW NO.3 (OLD NO.163A), J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600 040.

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

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4 THE PRINCIPAL PLEASANT ENGLISH SCHOOL, OMASSERY, KOZHIKODE, KERALA673 582. BY ADV NIRMAL.S BY SR.GOVT.PLEADER:SMT.SHEEJA.C.S

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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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WP(C) NO. 18672 OF 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 date of birth in the school records and the records of the Central Board of Secondary Education (CBSE) was turned down by the Board as per Ext.P3 order dated 10.06.2021. Aggrieved thereby, the petitioner has approached this Court.

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According to the petitioner, her date of birth is 23.11.1991 , but has been erroneously recorded in the school records as 06.05.1992 . The petitioner relies on Ext.P1 birth certificate issued by the Registrar of Births and Deaths, Mananthavady Grama Panchayat, Kozhikode District and Ext.P4 Passport to substantiate the same.

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The petitioner completed her 10^th standard in the year 2008. As and when the mistake was noticed the petitioner submitted an application for correction. However, as per Ext.P3 the same was rejected for the reason that the request is time barred.

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WP(C) NO. 18672 OF 2021

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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 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 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.

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WP(C) NO. 18672 OF 2021

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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 it in conformity with the public documents, could be 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 disclaimer and

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

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WP(C) NO. 18672 OF 2021

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forgotten'.)

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The application submitted by the petitioner was rejected on the sole reason that it is belated. According to the petitioner, the application was filed in the year 2019 as and when the mistake was noticed. I am of the opinion that the petitioner's request is liable to be considered afresh.

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Accordingly it is ordered that, on the petitioner submitting a fresh application for change of date of birth through the fourth 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.P3 rejection order dated 10.06.2021.

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Writ petition is disposed of as above.

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Sd/- SATHISH NINAN JUDGE

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rsr

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WP(C) NO. 18672 OF 2021

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APPENDIX OF WP(C) 18672/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, MANANTHAVADY GRAMA PANCHAYAT, KOZHIKODE DISTRICT IN FAVOUR OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE PASS CERTIFICATE NO.4155065 DATED 27.5.2008 ISSUED BY THE IST RESPONDENT IN SECONDARY SCHOOL EXAMINATION. Exhibit P3 TRUE COPY OF REJECTION ORDER ISSUED BY THE 2ND RESPONDENT NO.CBSE/RO(M)/CORRN/2021/12314 DATED 10.6.2021. Exhibit P4 TRUE COPY OF THE PASSPORT NO.M6485731 DATED 19.2.2015 ISSUED IN FAVOUR OF THE PETITIONER.

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

Case brief

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

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