Disposed

Muhammed Rashid .C.T v. the Central Board of Secondary Education

Kerala HC2 Dec 2021WP(C)/9319/2021

Case brief

AI extract

What is this about?

Petitioner sought correction of parent names in CBSE certificate as school records differed from official birth records. Court directed respondent school to forward the correction application to the additional respondent for consideration within six weeks per Supreme Court guidance.

What did the court decide?

Directed the third respondent to forward the petitioner's application for correction to the additional fourth respondent, who must consider it within six weeks.

Muhammed Rashid .C.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 N.NAGARESH

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THURSDAY, THE 2ND DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943
WP(C) NO. 9319 OF 2021

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PETITIONER:

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MUHAMMED RASHID .C.T
AGED 23 YEARS
SS/O. ABOOBACKER CHETTIANTHODY, CHETTIANTHODY HOUSE,
EPPIKKAD, EDAPPATTA POST, MELATTUR (VIA), PERINTHALMANNA,
MALAPPURAM DISTRICT-679 326.

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BY ADV U.K.DEVIDAS

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RESPONDENTS:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION 2, COMMUNITY CENTRE, PREET VHIAR, DELHI-110 301 REPRESENTED BY CHAIRMAN.

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2 THE SECRETARY CBSE REGIONAL OFFICE, NEW NO.3, OLD NO.1630-A, J-BLOCK, 16TH MAIN ROAD, ANNANAGAR WEST, CHENNAI-600 040.

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3 NAJATH ENGLISH MEDIUM SCHOOL, KARUVARAKUNDU, MALAPPURAM DISTRICT, REPRESENTED BY ITS PRINCIPAL-676 523.

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4 ADDL. REGIONAL OFFICER, CBSE REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.

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(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 08/07/2021
IN IA NO.1/2021 IN WPC NO.9319/2021)
BY ADV SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9319 OF 2021 2

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JUDGMENT

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Dated this the 2^nd day of December, 2021

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The petitioner is before this Court seeking to correct the petitioner’s Educational Records with the Central Board of Secondary Education.

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The petitioner states that he completed his Secondary School Education in the year 2014 from the third respondent - school. The petitioner states that the names of the mother and father were mistakenly shown in Ext.P1 Certificate as ‘SHAREEFA’ and ‘ABOOBACKER’ instead of ‘FATHIMATH SHERIEFA M’ and ‘ABOOBACKER CHETTIANTHODI’ . The petitioner was born on 16.08.1997 at ‘Amina Hospital’ in Perinthalmanna. The Register of Birth and Death maintained by the Municipality would show that the name of the mother and father of the petitioner are ‘FATHIMATH SHERIEFA M’ and ‘ABOOBACKER

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WP(C) NO. 9319 OF 2021 3

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CHETTIANTHODI’ respectively. However the name was erroneously entered in the School Records. Consequently, the CBSE happened to issue Certificate to the petitioner with the erroneous names. In such circumstances the petitioner submitted application for correction of the names of the petitioner’s parents.

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Going through the records maintained with the Municipal Authorities and the Registrar of Births and Deaths, it is evident that the names of the petitioner’s parents are ‘FATHIMA SHERIEFA M’ and ‘ABOOBACKER CHETTIANTHODI’ . However the CBSE records contains erroneous names ‘SHAREEFA’ and ‘ABOOBACKER’ . Unless the names of the parents of the petitioner are corrected to make it in tune with the official records, the petitioner may be put to untold hardship during his educational and professional carrier.

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The learned Standing Counsel for the respondents 1

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and 2 and the additional 4^th respondent, would submit that the

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WP(C) NO. 9319 OF 2021 4

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application for correction of CBSE Record can now be considered only under the scheme laid down by the Apex Court in Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711 (SC)] till the CBSE amends its bye laws. The CBSE has not amended its bye laws so far.

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I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

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The Hon’ble Apex Court exhaustively dealt with the provisions of the CBSE Bye-laws while considering the issue of correction of CBSE certificates/records in respect of students, in Jigya Yadav (supra) and held that the CBSE cannot act as a court and it cannot effectively consider any request over and above those requests that merely require bringing the certificates in conformity with the school records or public documents. The Hon’ble Apex Court held that all existing and future cases will have to be considered as per the Scheme provided in paragraphs 170 and 171 of the judgment till

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WP(C) NO. 9319 OF 2021 5

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amended bye-laws are notified by CBSE. The learned Standing Counsel for the CBSE submits that amendments to bye-laws are not made so far.

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In view of the law laid down by the Hon’ble Apex Court in Jigya Yadav (supra), this Court is of the view that the respondents are liable to reconsider the request of the petitioner to correct Exts.P1 certificate issued to the petitioner.

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The writ petition is therefore disposed of directing the 3^rd respondent to forward the application submitted/to be submitted by the petitioner for correcting Ext.P1 certificate, to the additional 4^th respondent. The additional 4^th respondent shall consider the application of the petitioner for correction, in the light of the judgment of the Apex Court in Jigya Yadav (supra) , within a period of six weeks from the date of receipt of the application.

sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO. 9319 OF 2021 6

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APPENDIX OF WP(C) 9319/2021

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE CERTIFICATE DATED
19.5.2014 ISSUED BY THE FIRST
RESPONDENT.
EXHIBIT P2TRUE COPY OF THE BIRTH CERTIFICATE DATED
3.2.2021 ISSUED BY THE REGISTRAR OF
BIRTH AND DEATH & SECRETARY OF THE
PERINTHALMANNA MUNICIPALITY.
EXHIBIT P3TRUE COPY OF THE FIRST PAGE OF THE
S.S.L.C. BOOK OF THE FATHIMATH SHERIFFA
M.
EXHIBIT P4TRUE COPY OF THE FIRST PAGE OF THE
S.S.L.C. BOOK OF THE ABOOBACKER
CHETTIANTHODI.
EXHIBIT P5TRUE COPY OF THE APPLICATION DATED
24.2.2021 SUBMITTED BEFORE THE SECOND
RESPONDENT.

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RESPONDENT EXHIBITS NIL

Muhammed Rashid .C.T v. the Central Board of Secondary Education

Case brief

What is this about?

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Muhammed Rashid .C.T v. the Central Board of Secondary Education

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