Disposed

Devi Raveendran v. the Director, the Central Board of Secondary Eduction Regional Office

Kerala HC29 Mar 2022WP(C)/6430/2021

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking correction of her name in CBSE marks sheets. The High Court directed the additional respondent to consider her application under the Jigya Yadav scheme, excusing missing school registers due to floods.

What did the court decide?

Directing the additional 3rd respondent to consider the application for correction of surname based on produced documents within six weeks, and no insistence on lost school register extracts.

Devi Raveendran Vs the Director, the Central Board… — 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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TUESDAY, THE 29^TH DAY OF MARCH 2022/8TH CHAITHRA, 1944

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WP(C) NO. 6430 OF 2021

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PETITIONER:

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DEVI RAVEENDRAN, D/O. RAVEENDRAN, AGED 29, KEYIPARAMBIL, KUZHUPILLY P.O., AYYAMPILLY.

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BY ADV K.J.GISHA

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RESPONDENTS:

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1 THE DIRECTOR, THE CENTRAL BOARD OF SECONDARY EDUCTION REGIONAL OFFICE, NEW NO.3, J BLOCK, ANNA NAGAR (WEST), CHENNAI – 600 040.

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2 THE PRINCIPAL, HOLY INDIA FOUNDATION SCHOOL, KAITHARAM, ERNAKULAM DIST., PIN - 683 519.

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ADDL.3 THE REGIONAL OFFICER, THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, NEW NO.3, J BLOCK, ANNANAGAR (WEST), CHENNAI – 600 040.

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(ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 29.03.2022 IN I.A.NO.1.2022)

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BY ADV SRI.NIRMAL S., SC, CBSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.6430/2021

JUDGMENT

Dated this the 29^th day of March, 2022

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The petitioner, who has passed her Senior Secondary School Examination in the 2^nd respondent-School, has approached this Court praying to compel the 1^st respondent to consider Exts.P2 and P7 and to correct the petitioner's surname as 'Devi Raveendran' instead of 'Devi Raveendaran' forthwith in the Certificate and Mark Statement of CBSE.

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The petitioner states that her name is 'Devi Raveendran'. However, by a mistake, the name was erroneously recorded as 'Devi Raveendaran' in Ext.P1 certificate issued by the CBSE. Since the discrepancy is likely to cause difficulty to the petitioner, the 2^nd respondent made Ext.P2 request to the 1^st respondent for correction. The petitioner produced copies of Birth Certificate, Aadhaar

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WP(C) No.6430/2021

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Card and also Senior School Certificate Examination pass certificate to the respondents.

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However, the 1^st respondent as per Ext.P6 letter dated 09.12.2019 directed the petitioner to submit certain more documents. The said documents could not be produced, as those documents were lost during the floods in the year 2018.

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The petitioner states that the 1^st respondent has not considered Exts.P2 and P7 submitted by the petitioner so far. Unless the 1^st respondent considers the same, it will cause untold hardship and loss to the petitioner.

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The learned Standing Counsel entered appearance on behalf of respondents 1 and additional 3^rd respondent. The Standing Counsel submitted that the correction of Date of Birth of students in the CBSE records is governed by the judgment of the Hon'ble Apex Court in

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Jigya Yadav v. Central Board of Secondary Education

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WP(C) No.6430/2021

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[2021 (3) KLT 711 (SC)] and the petitioner's application can be considered only under the scheme provided by the Hon'ble Apex Court. The petitioner has not submitted the application through her School supported by all necessary documents. The Standing Counsel submitted that the School Authorities have been required to forward necessary records, on the receipt of which the respondents will be able to take a decision on the application submitted by the petitioner.

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The learned counsel for the petitioner submitted that the respondents are insisting on the production of joining and withdrawal register maintained by the School which records are not available now as the same were lost in the Kerala floods.

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I have heard the learned counsel for the

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petitioner and the learned Standing Counsel for the respondents.

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WP(C) No.6430/2021

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In view of the facts as stated above and in the

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light of the judgment of the Hon'ble Apex Court in Jigya Yadav (supra), this Court is of the view that the application submitted by the petitioner is liable to be considered in the light of the Scheme framed by the Apex Court.

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The writ petition is disposed of directing the additional 3^rd respondent to consider the application for correction of surname submitted by the petitioner in accordance with law and take appropriate decision based on Exts.P3, P4 and P5. It is made clear that respondents 1 to 3 shall not insist on the production of extract of the school registers as the same are not available. A decision on the application submitted by the petitioner shall be taken within a period of

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six weeks.

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Sd/- N. NAGARESH JUDGE

ncd/31.03.2022

WP(C) No.6430/2021

APPENDIX OF WP(C) 6430/2021

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PETITIONER'S EXHIBITS

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EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE AND MARK STATEMENT OF CENTRAL BOARD OF SECONDARY EDUCATION ISSUED BY 2ND RESPONDENT. EXHIBIT P2 THE TRUE COPY OF THE REQUEST ALONG WITH APPLICATION DATED 05.11.2019 SUBMITTED BEFORE THE 1ST RESPONDENT. EXHIBIT P3 THE TRUE COPY OF THE BIRTH CERTIFICATE WITH DATE OF BIRTH 13.06.1991 ISSUED ON 10.02.2021. EXHIBIT P4 THE TRUE COPY OF THE AADHAR CARD. EXHIBIT P5 THE TRUE COPY OF SENIOR SECONDARY EXAMINATION PASS CERTIFICATE OF 2009. EXHIBIT P6 THE TRUE COPY OF THE REPLY LETTER ISSUED BY 1ST RESPONDENT DATED 09.12.2019. EXHIBIT P7 THE TRUE COPY OF REPLY AND REQUEST TO EXHIBIT P6 DATED 19.12.19.

Devi Raveendran v. the Director, the Central Board of Secondary Eduction Regional Office

Case brief

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Devi Raveendran v. the Director, the Central Board of Secondary Eduction Regional Office

Case brief

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