Allowed

Amritha Das v. Central Board of Secondary Education

Kerala HC17 Feb 2022WP(C)/1444/2022

Case brief

AI extract

What is this about?

Writ petition seeking correction of father's name in school certificate was allowed. Court directed petitioner to submit application under Jigya Yadav scheme for consideration by school within six weeks.

What did the court decide?

Petitioner directed to submit correction application via school for decision within six weeks by Additional Regional Officer under Jigya Yadav scheme.

Amritha Das Vs Central Board of Secondary Education — Education and Admissions | Kerala HC (2022)

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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 17^TH DAY OF FEBRUARY 2022/28TH MAGHA, 1943 WP(C) NO. 1444 OF 2022

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PETITIONER:

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AMRITHA DAS AGED 25 YEARS D/O. HARIDASAN KANAPPURATH, KANAPPURATH HOUSE, MUYYAM, KARIBAM, KURUMATHUR VILLAGE, THALIPARAMBA TALUK, KEERIYAD P.O., KANNUR DISTRICT,PIN-670 142

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BY ADVS. ABU MATHEW AJU MATHEW

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA-2, COMMUNITY CENTER, PREET VIHAR, DELHI-110 301, REPRESENTED BY ITS CHAIRMAN

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2 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, THIRUVANANTHAPURAM, 2ND FLOOR, BLOCK -B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM DISTRICT,PIN-695 004

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3 THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE THIRUVANANTHAPURAM, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM DISTRICT,PIN-695 004

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4 THE PRINCIPAL KENDRIYA VIDYALAYA, KELTRON NAGAR, KANNUR UNIVERSITY CAMPUS P.O., KANNUR DISTRICT,PIN-670 567

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W.P.(C) No.1444/2022

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: 2 :

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ADDL.R5 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, OLD NO.1630A, “J” BLOCK, 16TH MAIN ROAD, ANNE NAGAR WEST, CHENNAI, TAMIL NADU – 600 040

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(ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 17.02.2022 IN WPC NO.1444/2022)

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BY ADV SRI.NIRMAL S., SC, CBSE SRI.MAYANKUTTY MATHER, SC, R4

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.1444/2022

: 3 :

N. NAGARESH, J.

Dated this the 17^th day of February, 2022

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J U D G M E N T

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~ ~ ~ ~ ~ ~ ~ ~ ~

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The petitioner is before this Court seeking to direct the 2^nd respondent to consider Ext.P5 representation and correct the name of the father of the petitioner in Ext.P3 Certificate as 'Haridasan Kanaprath' as recorded in Exts.P1 and P2 documents.

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The petitioner states that she completed her schooling in Kendriya Vidyalaya, Keltron Nagar, Kannur and passed her Senior Secondary Examination from the very same school. In Ext.P3 Grade Sheet-cum-Certificate of Performance issued to the petitioner, the name of the petitioner's father was written as 'K. Haridas'. The petitioner submits that the correct name of the petitioner's father is

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W.P.(C) No.1444/2022

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: 4 :

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'Haridasan Kanaprath' and Ext.P3 requires correction.

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The petitioner pointed out that in Ext.P4 Pass Certificate of the petitioner, the name of the petitioner's father is correctly shown as 'Haridasan Kanaprath'. In Ext.P2 SSLC Book of the petitioner's father also, the name is shown as 'Haridasan Kanaprath'. Even in the All India Senior School Certificate issued by the CBSE, the petitioner's father's name is correctly recorded as 'Haridasan Kanaprath'. It is only in Ext.P3 Grade Sheet-cum-Certificate of Performance that the name of the petitioner's father is wrongly written.

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As the mistake is likely to cause difficulties to the petitioner in her future career, the petitioner submitted an application for correction of her father's name in Ext.P3. The respondents are not entertaining the application, contends the petitioner. The petitioner seeks appropriate direction to the respondents.

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The learned Standing Counsel for the 1^st respondent submitted that the Hon'ble Apex Court delivered

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its judgment in Jigya Yadav v. Central Board of

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W.P.(C) No.1444/2022

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: 5 :

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Secondary Education [(2021) 3 KLT 711 (SC)] exhaustively dealing with the issue of correction of CBSE records/certificates and the petitioner's application can be considered only in accordance with the Scheme framed by the Hon'ble Apex Court in the said judgment. The petitioner has to submit her application through the School where she studied.

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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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It is not disputed that the procedure/norms relating to the correction of Date of Birth and name of Candidates and parents are governed by the judgment of the Hon'ble Apex Court in Jigya Yadav (supra) till the amended byelaws are notified by the CBSE. Therefore, the application for correction submitted by the petitioner will have to be considered in the light of the judgment of the Apex Court.

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In the circumstances, if the petitioner makes an appropriate application for correction of name of the

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W.P.(C) No.1444/2022

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: 6 :

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petitioner's father and submit it to the additional 5^th respondent through the 4^th respondent-Principal, the additional 5^th respondent will consider and take appropriate decision thereon in the light of law laid down by the Hon'ble Apex Court in Jigya Yadav (supra) and as per scheme provided in paragraphs 170 and 171 of the judgment, within a period of six weeks from the date of receipt of the application.

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Writ petition is disposed of as above.

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Sd/- N. NAGARESH, JUDGE

aks/17.02.2022

W.P.(C) No.1444/2022

: 7 :

APPENDIX OF WP(C) 1444/2022

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PETITIONER'S EXHIBITS

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Exhibit P1	TRUE COPY THE PETITI MUNICIPALI	OF THE ONER ISS TY	BIRTH CERTIFICATE OF UED BY THE PAYYANNUR
Exhibit P2	TRUE COPY	OF THE	FIRST PAGE OF THE
	SSLC BOOK PETITIONER	OF T	HE FATHER OF THE
Exhibit P3	TRUE COPY IN THE SE ISSUED TO	OF THE CONDARY THE PETI	CERTIFICATE OF PASS SCHOOL EXAMINATION TIONER
Exhibit P4	TRUE COPY THE PETITI EXAMINATIO	OF THE ONER IN NS 2015	PASS CERTIFICATE OF THE SENIOR SECONDARY
Exhibit P5	TRUE COPY 26.08.2021 BEFORE THE	OF THE SUBMITT 2ND RES	REPRESENTATION DATED ED BY THE PETITIONER PONDENT
Exhibit P6	TRUE COPY	OF	THE JUDGMENT DATED
	27.03.2017 IN WPC NO.	PASSED 7024 OF	THIS HON'BLE COURT 2017

Amritha Das v. Central Board of Secondary Education

Case brief

What is this about?

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Amritha Das v. Central Board of Secondary Education

Case brief

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