Allowed

Saniya Shanavas v. the Secretary

Kerala HC5 Aug 2021WP(C)/7026/2021

Case brief

AI extract

What is this about?

Parents of a student sought correction of erroneous names in her school and Board examination records due to mistakes in their passports. Relying on a birth certificate and Apex Court directions, the Court directed the Board to effect corrections within sixty days.

What did the court decide?

Direction to respondents to carry out corrections in the records of the Board and issue revised certificates and mark sheets within sixty days.

Saniya Shanavas Vs the Secretary — 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 P.B.SURESH KUMAR

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THURSDAY, THE 5^TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943 WP(C) NO. 7026 OF 2021

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PETITIONER/S:

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SANIYA SHANAVAS, AGED 17 YEARS, D/O. LINI A SALIM, PINKI MANZIL, THAKARA PARAMBU, PONGANADU P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT (MINOR REPRESENTEND BY HER MOTHER LINI A SALIM, AGED 39 YEARS, W/O. SHANAVAS M.B., PINKI MANZIL, THAKARA PARAMBU, PONGANADU P.O., KILIMANNOR, THIRUVANANTHAPURAM DISTRICT), PIN: 695 601. BY ADVS. SRI.K.SIJU SMT.ANJANA KANNATH

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RESPONDENT/S:

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1 THE SECRETARY CBSE, HEAD OFFICE, “SHIKSHA KENDRA”, 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI 110 092.

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2 THE CONTROLLER OF EXAMINATIONS, CBSE, NEW DELHI 110 001.

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3 REGIONAL OFFICER, CBSE REGIONAL OFFICE, MANGOL PURI INDUSTRIAL AREA PHASE I, PHASE 1, POCKET B, INDUSTRIAL AREA, MANGOLPURI S BLOCK, NEW DELHI 110083.

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W.P.(C) No. 7026 of 2021

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4 THE PRINCIPAL, AL-AIN JUNIORS SCHOOL, PB NO. 80718, AL-AIN, UAE.

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BY SRI.NIRMAL S., STANDING COUNSEL, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 7026 of 2021

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W.P.(C) No.7026 of 2021

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J U D G M E N T

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Petitioner was a student of the fourth respondent school affiliated to the Central Board of Secondary Education (the Board). She has completed the Secondary School Examination in the year 2020. It is stated by the petitioner that in the school records and in the records of the Board, the name of the parents of the petitioner are shown mistakenly as Muhammed Buhari Shanavas and Lini Shanavas, instead of Shanavas M.B. and Lini A.Salim. Consequently, it is alleged that the very same mistakes crept in Ext.P2 marks statement of the Secondary School Examination of the petitioner. The case of the petitioner is that the mistaken entries happened to be made in the school records and also in the records of the Board on account of the mistakes in the Passports of the parents as

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W.P.(C) No. 7026 of 2021

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regards their names. The petitioner relies on Ext.P1 Birth Certificate to show that the names of her parents are shown in the school records and the records of the Board mistakenly. It is stated that the request made by the petitioner for correction of the mistakes aforesaid have been turned down by the school officials in terms of Ext.P4 communication taking the stand that the guidelines issued by the Board do not permit the correction sought for by the petitioner. Ext.P4 communication is under challenge in the writ petition.

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Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Board.

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It has been held by the Apex Court in Jigya

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Yadav v. C.B.S.E. and others (Civil Appeal No.3905 of 2011 and connected cases), that the Board is bound to afford to the students opportunity to modify the information contained in the marks statements and other documents subject to complying with the requisite formalities which are reasonable in nature. It

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W.P.(C) No. 7026 of 2021

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was also held by the Apex Court in the said case that when a request for change of information contained in the marks statement or other documents is made on the basis of the public documents which are presumed to be genuine in terms of the provisions of the Indian Evidence Act, the Board is bound to consider the request. Reverting to the facts, the request of the petitioner for correction of the entries relating to the names of her parents in the school records has been made on the basis of Ext.P1 birth certificate. In Ext.P1 birth certificate, the names of the parents are shown correctly as Shanavas M.B. and Lini A.Salim. Ext.P1 being a public document which is presumed to be genuine in terms of the provisions of the Indian Evidence Act, according to me, in the light of the directions issued by the Apex Court in Jigya Yadav , the respondents ought to have allowed the corrections sought for by the petitioner subject to appropriate conditions.

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W.P.(C) No. 7026 of 2021

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In the result, the writ petition is allowed and the competent among the respondents is directed to carry out the corrections sought for by the petitioner in the records of the Board, and issue revised certificates and mark sheets showing the correct particulars. This shall be done within sixty days from the date of receipt of a copy of this judgment. It is, however, made clear that the Board would be free to impose appropriate conditions to be complied with by the petitioner for carrying out the corrections, as indicated by the Apex Court in the judgment

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in Jigya Yadav .

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Sd/- P.B.SURESH KUMAR, JUDGE

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rkj

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W.P.(C) No. 7026 of 2021

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APPENDIX OF WP(C) 7026/2021

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PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 07.07.2004. EXHIBIT P2 TRUE COPY OF MARK STATEMENT CUM CERTIFICATE OF SECONDARY SCHOOL EXAMINATION, 2020 DATED 15.07.2020 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 16.01.2021 GIVEN BY THE PETITIONER'S FATHER TO THE 4TH RESPONDENT FOR CORRECTION OF PARENT'S NAME IN THE SCHOOL RECORDS. EXHIBIT P4 TRUE COPY OF REPLY MAIL SENT BY THE 4TH RESPONDENT TO THE FATHER OF THE PETITIONER DATED 16.01.2021.

Saniya Shanavas v. the Secretary

Case brief

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Saniya Shanavas v. the Secretary

Case brief

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