Disposed

Harikrishnan K.S., v. Central Board of Secondary Education

Kerala HC2 Feb 2021WP(C)/27565/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition wherein the petitioner sought correction of his date of birth in CBSE records. The Court directed the petitioner to file a fresh application with costs to the Regional Officer for the correction.

What did the court decide?

Petitioner directed to file fresh application to second respondent with costs (Rs. 5,000 + Rs. 1,500) within three weeks for correction of date of birth. Records to be forwarded to Regional Office Che

Harikrishnan K.S., Vs Central Board of Secondary Education — Kerala HC (2021) — LawSathi Research

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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 SUNIL THOMAS

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TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

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WP(C).No.27565 OF 2020(U)

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PETITIONER:

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HARIKRISHNAN K.S., AGED 31 YEARS S/O. A.KRISHNAN NAIR, SREEKRISHNA, CHITTALAMCODE, KALLAYAM P.O., TRIVANDRUM-695 043.

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BY ADV. SRI.C.Y.VINOD KUMAR

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION COMMUNITY CENTRE, PETER VIHAR, NEW DELHI-110 092, REPRESENTED BY ITS SECRETARY.

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

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3 THE PRINCIPAL MARY GIRI ENGLISH MEDIUM HIGH SCHOOL, KUDAPPANAKUNNU, TRIVANDRUM-695 043.

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**4 ADDL.R4.THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) NO.3, OLD NO.1630A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI – 600 040 (ADDL. R4. IMPLEADED AS PER ORDER DATED 02.02.2021 IN IA 1/21 IN WP(C) 27565/20)

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R1-2 BY SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.27565 OF 2020(U)

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JUDGMENT

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Dated this the 2nd day of February 2021

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The petitioner herein has passed Secondary School Examination conducted by the Central Board of Secondary Examination in the year 2005, after undergoing studies in the 3^rd respondent School. He was issued with CBSE certificate which showed the date of birth as 21.05.1990. According to him, his actual date of birth is 16.09.1989 evidenced by Ext.P2 and Ext.P3 documents. Hence, an application was filed for correcting the date of birth which was not granted. Accordingly, he moved this Court by filing WPC No.7525 of 2016, which was allowed by Ext.P4 order. However, it seems that he did not comply with that order and after few years he has come up with the same relief.

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The learned Counsel for the CBSE opposed the above application and contended that the application is highly belated. It was also contended that the correction sought is beyond the scope of

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WP(C).No.27565 OF 2020(U)

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correction permissible in the case of CBSE institutions. It was also contended that in the light of earlier order passed in Ext.P4, which was not complied, the petitioner is not entitled for discretionary relief.

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The learned Counsel for the petitioner contended that due to various reasons, the petitioner was compelled to leave Kerala and hence, he could not take further steps pursuant to Ext.P4. Evidently, Ext.P2 and Ext.P3 shows his date of Birth as 16.09.1989. The petitioner has a case that the date was wrongly mentioned in Ext.P1 as 21.05.1990 due to an inadvertent error that occurred while informing the date of birth.

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Having considered the grievance set up by the petitioner and after hearing the learned Counsel for the petitioner, I am inclined to dispose of the Writ Petition as follows.

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i) Petitioner shall file a fresh application to the second respondent requesting for correction of the date of birth. Copy of Ext.P1 shall be

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WP(C).No.27565 OF 2020(U)

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placed along with the above application;

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ii) Applicant shall also enclose a DD for Rs.5,000/- (Rupees Five thousand only) drawn in favour of the CBSE, Chennai Branch as costs. Such application along with DD shall be filed within three weeks from today.

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iii) The petitioner shall also additionally remit a sum of Rs.1,500/- (Rupees One thousand five hundred only) in the office of the second respondent as their expenses for the above process.

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iv) 2^nd respondent shall carry out correction of the date of birth in the school records in accordance with Ext.P1 within a period of four weeks from the date of receipt of application.

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v) On such correction, the records shall forthwith be forwarded to the Regional Office, CBSE, Chennai, along with the DD. The CBSE, Chennai shall process the above application and take steps for issuing necessary certificate with

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WP(C).No.27565 OF 2020(U)

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corrected date of birth. This shall be completed

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within four weeks of receiving the records from

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the second respondent along with DD.

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The Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

SKP/2-2

WP(C).No.27565 OF 2020(U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION MARKS STATEMENT BEARING ROLL NO.4133473 DATED 24.5.2005.
EXHIBIT P2	TRUE COPY OF THE BIRTH CERTIFICATE DATED 10.6.2016 ISSUED BY THE SUB REGISTRAR OF BIRTHS AND DEATHS, TRIVANDRUM CORPORATION.
EXHIBIT P3	TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER ISSUED ON 30.6.2015.
EXHIBIT P4	TRUE COPY OF THE JUDGMENT DATED 29.2.16 IN WPC NO.7525/16 ON THE FILE OF THIS HON'BLE COURT.
EXHIBIT P5	TRUE COPY OF APPLICATION DATED 13.11.20 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

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RESPONDENTS'S EXHIBITS: NIL

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TRUE COPY P.A. TO JUDGE

Harikrishnan K.S., v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Harikrishnan K.S., v. Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

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