Partly allowed

Mariat Binoy v. the Controller of Examinations

Kerala HC13 Dec 2022WP(C)/25836/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed an order rejecting a correction application for parents' names in CBSE mark sheets. The court held that the petitioner had correctly obtained a corrected birth certificate and directed the Board to effect the correction subject to document production.

What did the court decide?

Ext. P10 order quashed; 2nd respondent directed to correct names in P1, P2, P3 within one month of receiving documents.

Mariat Binoy Vs the Controller of Examinations — 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 V.G.ARUN

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TUESDAY, THE 13^TH DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944

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WP(C) NO. 25836 OF 2022

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PETITIONER:

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MARIAT BINOY, AGED 22 YEARS MARIAT BINOY, D/O.BINOY J., KARUKAKKALAM THITTAMEL, CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121

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BY ADVS. MOHAN JACOB GEORGE P.V.PARVATHY (P-41) REENA THOMAS NIGI GEORGE

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RESPONDENTS:

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1 THE CONTROLLER OF EXAMINATIONS SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, DELHI - 110092 2 DEPUTY SECRETARY & REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), BLOCK -B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 3 CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 4 BELIEVERS CHURCH RESIDENTIAL SCHOOL REPRESENTED BY ITS PRINCIPAL, KUTTAPUZHA, THIRUVALLA, PIN - 689103 BY ADV SRI.NIRMAL S., SC, CBSE

OTHER PRESENT:

DSGI S MANU

W.P.(C). 25836/2022

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C). 25836/2022

JUDGMENT

Dated this the 13^th day of December, 2022

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The petitioner completed her 12^th standard in the CBSE stream from the 4^th respondent School in the year 2018. By mistake, the name of petitioner's mother is entered as 'Meena Binoy' instead of 'Anumol Joseph' in Exts. P1, P2 and P3 Certificates. Likewise, her father's name is entered as 'Binoy John' instead of 'Binoy J'. Therefore, the petitioner sought correction of her parents' names. The request having been rejected by Ext. P6, this writ petition is filed.

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By Ext. P7 this Court set aside the order of rejection and directed reconsideration. Thereupon, the respondent issued Ext. P10 order, wherein the reason for rejection is noted as under:

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“..... the petitioner/candidate had another birth certificate having mother name as MEENA BINOY and father name as BINOY JOHN and now a new birth certificate has been issued with mother name changed as ANUMOL JOSEPH and father name changed as BINOY J. How two Birth

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W.P.(C). 25836/2022

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Certificates issued by an authority at two different dates could have different information.”

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Learned Counsel for the petitioner contended that the

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reason for rejection cannot be countenanced, since the birth certificate was corrected following the prescribed procedure.

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Learned Standing Counsel for CBSE Board submitted that although a communication was sent to the 4^th respondent School on 22.08.2022 requiring production of requisite documents in support of the petitioner's request for correction of names, the documents are not made available.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel, I find substantial merit in the challenge against Ext. P10 order of rejection. The documents produced, particularly Ext. P8 certificate, shows that the petitioner had got her Birth Certificate corrected following the prescribed procedure. Being so, the application for correction of names cannot be rejected on the premise that a person cannot hold two birth certificates. Further, while considering an application for correction, the CBSE Board had

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W.P.(C). 25836/2022

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taken into consideration the decision in Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT

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711(SC)].

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In the result, the writ petition is disposed of as under;

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Ext.P10 order is quashed and the 2^nd respondent is directed to carry out necessary correction in Exts.P1, P2 and P3, subject to either the petitioner or the 4^th respondent School producing the requisite documents. The above direction shall be complied within one month of receipt of the documents.

Sd/-

V.G.ARUN

JUDGE

W.P.(C). 25836/2022

APPENDIX OF WP(C) 25836/2022

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PETITIONER EXHIBITS

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Exhibit P-1	COPY OF THE MARK LIST OF THE PETITIONER FOR THE 12TH STANDARD DATED 26.05.2018
Exhibit2	COPY OF THE CERTIFICATE EVIDENCING THE PETITIONER'S PASS IN THE 10TH STANDARD
Exhibit P-3	COPY OF MIGRATION CERTIFICATE DATED 26.05.2018 ISSUED BY THE CBSE
Exhibit P-4	COPY OF ONE AND SAME CERTIFICATE OF THE PETITIONER'S MOTHER
Exhibit P-5	COPY OF THE RELEVANT PAGE OF SSLC CERTIFICATE OF THE PETITIONER'S MOTHER
Exhibit P-6	COPY OF COMMUNICATION DATED 17.12.2018 OF THE CBSE
Exhibit P-7	COPY OF JUDGEMENT DATED 07.05.2019 IN W.P.( C ) NO.13113/2019
Exhibit P-8	COPY OF BIRTH CERTIFICATE DATED 01.12.2016 ISSUED BY THE THIRUVALLA MUNICIPALITY
Exhibit P-9	COPY OF THE BIRTH CERTIFICATE DATED 28.12.2000 OF THE PETITIONER OF THE THIRUVALLA MUNICIPALITY
Exhibit P-10	COPY OF THE ORDER DATED 20.09.2018 OF THE 2ND RESPONDENT
Exhibit P-11	COPY OF THE MARK LIST ISSUED BY THE CBSE TO THE PETITIONER'S SISTER

Mariat Binoy v. the Controller of Examinations

Case brief

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Mariat Binoy v. the Controller of Examinations

Case brief

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