Allowed

Sibi Valsan v. the Central Board of Secondary Education

Kerala HC14 Dec 2022WP(C)/5634/2022

Case brief

AI extract

What is this about?

The High Court held that the petitioner was entitled to correction of his father's name in CBSE certificates based on landmark judgments. The court directed the school principals to forward the application for correction to the CBSE regional offices, which were ordered to effect the necessary changes.

What did the court decide?

The petitioner was directed to submit an appropriate application, which would be forwarded by respondents 3 and 4 to additional respondents 5 and 6 for necessary correction in the certificates.

Sibi Valsan Vs the Central Board of Secondary… — Education and Admissions | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶4

WEDNESDAY, THE 14^TH DAY OF DECEMBER 2022 / 23RD AGRAHAYANA, 1944

¶5

WP(C) NO. 5634 OF 2022

¶6

PETITIONER:

¶7

SIBI VALSAN,D/O. BHAKTHAVALSALAN, AGED 28 YEARS SREEVALSAM, MUNDAYAD P.O., VARAM, KANNUR, KERALA – 670 594.

¶8

BY ADVS. DENIZEN KOMATH DIASTUS KOMATH ANUJ VISHNU

¶9

RESPONDENTS:

¶10

1 THE CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA SADAN, INSTITUTIONAL AREA, ROUSE AVENUE, NEW DELHI, REPRESENTED BY ITS SECRETARY, PIN - 110002

¶11

2 DEPUTY SECRETARY CBSE (REGIONAL OFFICE), NEW NO 3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI, TAMIL NADU., PIN - 600040 3 THE PRINCIPAL KENDRIYA VIDYALAYA, RANGAPAHAR CONTONMENT, RANGAPAHAR ROAD, NAGALAND., PIN - 782480 4 THE PRINCIPAL ARMY PUBLIC SCHOOL, NAGROTA POST, KONDOLI, JAMMU, JAMMU AND KASHMIR, PIN - 181221 ADDL.R5 ASSISTANT SECRETARY REGIONAL OFFICE, CBSE, SHILPGRAM ROAD, NEAR SANKARDEV KALAKSHETRA, PANJABARI, GUWAHATI 781037.

¶12

W.P.(C).5634/2022

¶13

¶14

ADDL.R6 ASSISTANT SECRETARY, REGIONAL OFFICE, CENTRAL BOARD OF SECRETARY EDUCATION, SECTOR - 5, PANCHKULA - 134109 ADDL. R5 & R6 ARE IMPLEADED AS PR ORDER DATED 19.10.2022, IN I.A. 3/2022 IN WPC NO. 5634/2022. BY ADV SRI.NIRMAL S., SC, CBSE

¶15

OTHER PRESENT:

¶16

DSGI S. MANU

¶17

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).5634/2022

JUDGMENT

Dated this the 14^th day of December, 2022

¶22

The petitioner is seeking correction of his father's name in Exts. P1 and P1(a) certificates. The correction is sought since the name is mistakenly entered in the CBSE certificates as 'P.S.B. Valsan' instead of 'Bhakthavalsalan P.S.' The competent officers of the CBSE having failed to act upon the petitioner's request for correction, this writ petition is filed.

¶23

Heard, learned Counsel for the petitioner and the learned Standing Counsel for CBSE.

¶24

The documents produced along with the writ petition show that the real name of petitioner's father is Bhakthavalsalan P.S. As per the judgment in Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711(SC)] the Supreme Court has categorically held that, while considering request for correction in the certificates, the CBSE cannot act as a court and cannot consider any requests other

¶25

W.P.(C).5634/2022

¶26

¶27

than those which merely require bringing of the certificates in conformity with the school records or public documents. The petitioner's request being to correct his father's name in the school certificates, the same is liable to be allowed.

¶28

The writ petition is accordingly disposed of as under;

¶29

The petitioner shall submit an appropriate application along with requisite documents before respondents 3 and 4. Thereupon, respondents 3 and 4 shall forward the application and documents to additional respondents 5 and 6. On receipt of the application, the additional 5^th respondent shall carry out necessary correction in Ext. P1(a) certificate and the additional 6^th respondent shall carry out the correction in Ext. P1 certificate.

Sd/-

V.G.ARUN

JUDGE

W.P.(C).5634/2022

APPENDIX OF WP(C) 5634/2022

¶37

PETITIONER EXHIBITS

¶38

Exhibit P-1 TRUE PHOTOCOPY OF SCHOOL CERTIFICATE ISSUED FROM 4TH RESPONDENT SCHOOL IN THE YEAR 2012. EXT. P1 IS REPLACED BY TRUE PHOTOCOPY OF THE SCHOOL CERTIFICATE ISSUED FROM THE 4TH RESPONDENT'S SCHOOL IN THE YEAR 2012. AS PER ORDER IN I.A. NO. 2 OF 2022 DATED 14.12.2022. Exhibit P-1(A) TRUE PHOTOCOPY OF CERTIFICATE ISSUED BY 3RD RESPONDENT IN THE YEAR 2010 . Exhibit P-2 TRUE PHOTOCOPY OF AADHAR CARD OF PETITIONER. Exhibit P-3 TRUE PHOTOCOPY OF PASSPORT OF PETITIONER WILL ALSO SUBSTANTIATE THE CORRECT NAME OF PETITIONER'S FATHER. Exhibit P-4 TRUE PHOTOCOPY OF JUDGMENT DATED 18.08.2017 IN WPC.NO. 27355 OF 2017 OF THIS HON'BLE COURT. Exhibit P-5 TRUE PHOTOCOPY OF THE AADHAR CARD OF THE PETITIONER'S FATHER,

Sibi Valsan v. the Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

Sibi Valsan v. the Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lakshmanan Vs State of Kerala

Ressy Mol Babu Vs State of Kerala

Mumthas, Vs State of Kerala

Jude Mathew, Vs Kerala Water Authority

Jawahar P.M., Vs the Chief Operating Officer

P.N.Jyothi Prasad Vs the Divisional Forest Officer