Petitioner sought direction to correct father and mother's names erroneously spelt in CBSE grade sheet. Court held application must be considered per Jigya Yadav scheme if supporting documents are submitted within six weeks.
Directed Regional Officer to pass necessary orders on applicant's correction application within six weeks of receipt of supporting documents.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 2ND DAY OF FEBRUARY 2022 / 13TH MAGHA, 1943
WP(C) NO. 534 OF 2022
PETITIONER:
SHINAS K.
AGED 23 YEARS
S/O ABDUL NAZIR K K, RESIDING QT KOODAN KUZHIYIL ,
PAZHUR, MAVOOR VIA VTC, POOLACODE P O, PAZHUR,
KOZHIKODE DISTRICT, PIN-673661 (AADHAR NO.464477362251).
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
RESPONDENT:
1 UNION OF INDIAREPRESENTED BY THE SECRETARY, MINISTRY OF HUMAN RESOURCES DEVELOPMENT, SHASTRI BHAVAN, C-WING, DR.RAJENDRAPRASAD ROAD, NEW DELHI2 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, (AN AUTONOMOUS ORGANISATION UNDER THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT), HEAD OFFICE NO.2, SHIKSHA KENDRA COMMUNITY CENTER PRET VIHAR, NEW DELHI-110092.3 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM THIRUVANANTHAPURAM-695004.4 THE WADI RAHMA ENGLISH SCHOOL KODIYATHUR, MUKKAM, KOZHIKODE DISTRICT, PIN-673602, REPRESENTED BY ITS PRINCIPAL.BY ADV NIRMAL.S, SC FOR R2 AND R3
BY ADV MANU S, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 534 OF 2022 2
JUDGMENT
Dated this the 2nd day of February, 2022
The petitioner is before this Court, seeking to direct the 3rd respondent to consider and dispose of Ext.P2 application expeditiously within a time frame to be fixed by this Court.
WP(C) NO. 534 OF 2022 3
respondent. The 3rd respondent has not acted on the application submitted by the petitioner forwarded through the 4th respondent.
Yadav v. Central Board of Secondary Education [2021 (3) KLT 711 (SC)] until the bye-laws of the CBSE are amended. The respondents are bound to follow the scheme provided by
WP(C) NO. 534 OF 2022 4
the Hon’ble Apex Court in Jigya Yadav’s case (supra). If the petitoner forwards necessary documents supporting the application for correction by the 4th respondent-School, respondents 2 and 3 are ready and willing to consider the application, in accordance with the law laid down by the Apex Court in Jigya Yadav’s case (supra).
The writ petition is therefore disposed of directing that if the 3rd respondent receives all the supporting documents
WP(C) NO. 534 OF 2022 5
forwarded by the petitioner through the 4th respondent, then necessary orders shall be passed on the application submitted
by the petitioner, within a period of six weeks from the date of
receipt of the documents.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO. 534 OF 2022 6
APPENDIX OF WP(C) 534/2022
PETITIONER EXHIBITS
Exhibit P1THE TRUE COPY OF THE PASS CERTIFICATE OF
SECONDARY SCHOOL EXAMINATION ISSUED TO
THE PETITIONER.
Exhibit P2THE TRUE COPY OF THE APPLICATION FILED
BEFORE THE 4TH RESPONDENT.
Exhibit P3THE TRUE COPY OF THE BIRTH CERTIFICATE
OF THE PETITIONER FROM THE DEPARTMENT OF
URBAN AFFAIRS GOVERNMENT OF KERALA.
Exhibit P4THE TRUE COPY OF THE AADHAR CARD OF THE
PETITIONER BEARING NO.4644 7736 2251.
1 issue framed by the court
Whether the educational records correction application submitted by the petitioner must be considered in accordance with the Apex Court judgment in Jigya Yadav v. CBSE.
Colour shows how this judgement treated each authority
Jigya Yadav v. Central Board of Secondary EducationFollowed¶24
_Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711 (SC)]_
SHINAS K.
UNION OF INDIA
CENTRAL BOARD OF SECONDARY EDUCATION
THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION
THE WADI RAHMA ENGLISH SCHOOL KODIYATHUR
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
N. NAGARESH
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