Allowed

Sreelekshmi Baiju v. Central Board of Secondary Education

Kerala HC9 Mar 2021WP(C)/2614/2021

Case brief

AI extract

What is this about?

Petitioner challenged CBSE's rejection of her application to correct her name in mark sheets after correcting her birth certificate. The Court allowed the writ petition, setting aside the rejection order and directing CBSE to correct the name within two months.

What did the court decide?

Ext.R1(a) set aside; direction to 4th respondent to correct petitioner's name in mark statements and school records within two months.

Sreelekshmi Baiju Vs Central Board of… — Constitutional and Fundamental Rights | Kerala HC (2021)

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W.P(c).No.2614/2021-B

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

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WP(C).No.2614 OF 2021(B)

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PETITIONER:

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SREELEKSHMI BAIJU

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AGED 20 YEARS

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D/O. BAIJU RESIDING @ BAIJU NIVAS, PATTATHANAM NAGAR 194, PATTATHANAM P.O, KOLLAM - 691021.

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BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI – 110092.

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2 REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600040.

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3 THE CONTROLLER OF EXAMINATIONS, CBSE, NEW DELHI - 110001.

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4 THE REGIONAL OFFICER, CBSE, BLOCK B, 11 FLOOR, LIC DIVISIONAL OFFICE, CAMPUS, PATTAOM, THIRUVANANTHAPURAM - 695004.

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5 PRINCIPAL SREE NARAYANA TRUST CENTRAL SCHOOL, NEAR SN COLLEGE, KOLLAM - 691001.

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R1-4 BY SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P(c).No.2614/2021-B

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P.V.ASHA, J .

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W.P(c) No.2614 of 2021-B

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Dated this the 9^th day of March, 2021

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The petitioner, who submitted an application for changing her name in the mark statements issued by the CBSE, has filed this Writ Petition challenging Ext.P5 order as explained in Ext.R1(a).

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The petitioner's name was corrected as Sreelekshmi Baiju in the place of Sreelekshmi.B, in Ext.P1 birth certificate issued on 26.5.2020. Her name was originally Sreelekshmi.B. The petitioner had completed the Secondary School Examination in the year 2017 and Senior School Certificate Examination in the year 2019. In the mark statements her name was shown as Sreelekshmi B. On getting the name corrected in the birth certificate, she submitted Ext.P6 application for correction. As per Ext.R1(a) order the application was rejected on the ground that it is not permissible as per clause 69.1(i) and 69.1(ii) of the Examination Byelaws.

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The learned Standing Counsel has filed a statement reiterating the contents of Ext.R1(a). It is stated that they entered the details in the mark lists as per the details available in the school records. It is also pointed out that no application was submitted before the mark statements were issued or before the declaration of the Secondary or Senior School results. According to them, on the

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W.P(c).No.2614/2021-B

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basis of the revised birth certificate obtained subsequent to the passing of the examination the petitioner cannot claim correction in the mark statements as the respondents had entered the details on the basis of the information furnished by the parents of the petitioner.

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The petitioners requested for correction of the name on the basis of a document, namely birth certificate issued by a statutory authority. When a statutory authority has issued Ext.P1 certificate, it is only appropriate that the 4^th respondent makes corresponding corrections in the school records. As the petitioner has passed the examination of Secondary School and Senior Secondary School only in the year 2017 and 2019 respectively and the application was submitted in the year 2020, there is no delay. Just because the details furnished by the parents were in tune with the name originally entered in the mark staement, that will not stand in the way of correction. The petitioner has only requested for expansion of the letter `B' by incorporating the name of her father which can be seen from the passport also.

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Therefore, Ext.R1(a) is set aside. There shall be a direction to the 4^th respondent to see that the name of the petitioner is corrected as applied for in the mark statements and school records within a period of two months from the date of receipt of a copy of the judgment.

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The Writ Petition is allowed accordingly.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

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W.P(c).No.2614/2021-B

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER NUMBERED AS BT 084942 ISSUED BY THE KOLLAM CORPORATION DATED 26.05.2020.
EXHIBIT P1(a)	THE TRUE COPY OF THE PASSPORT NUMBERED AS T 2047645 ISSUED ON 08.05.2019 TO THE PETITIONER DEPICTING HER NAME AS SREELEKSHMI BAIJU.
EXHIBIT P2	THE TRUE COPY OF THE MARK LIST OF THE PETITIONER IN SECONDARY SCHOOL EXAMINATION CONDUCTED BY THE CBSE ISSUED IN THE YEAR 2017 HAVING REGISTRATION NUMBER T117/07305/0127.
EXHIBIT P3	THE TRUE COPY OF THE MARK LIST OF SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED IN THE YEAR 2019 HAVING REGISTRATION NUMBERED AS T219/07305/0108.
EXHIBIT P3(a)	THE TRUE COPY OF THE SENIOR SCHOOL CERTIFICATE EXAMINATION ISSUED IN THE YEAR 2019 WITH REGISTRATION NO. T219/07305/0108.
EXHIBIT P4	THE TRUE COPY OF THE BONAFIDE CERTIFICATE ISSUED BY THE TOLANI MARITIME INSTITUTE DATED 27TH AUGUST 2019.
EXHIBIT P5	THE TRUE COPY OF THE E-MAIL SENT FROM THE 4TH RESPONDENT OFFICE REJECTING THE APPLICATION SENT FROM THE PETITIONER THROUGH 5TH RESPONDENT SCHOOL DATED 25TH JANUARY 2021.
EXHIBIT P6	THE TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER DATED 28TH JANUARY 2021 TO THE 1ST RESPONDENT.
EXHIBIT P6(a)	THE TRUE COPY OF THE REPRESENTATION SENT TO THE 4TH RESPONDENT DATED 28TH JANUARY 2021.
RESPONDENTS' EXHIBITS
EXHIBIT R1(a)	TRUE COPY OF REJECTION ORDER DATED 12.12.2020.

Sreelekshmi Baiju v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Sreelekshmi Baiju v. Central Board of Secondary Education

Case brief

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