Dismissed

VyShakh Anil v. the Central Board of Secondary Education

Kerala HC7 Jun 2023WP(C)/12525/2023

Case brief

AI extract

What is this about?

This writ petition sought a direction to CBSE to update the petitioner's name in his school certificates following a legal name change. The court directed the school to submit the birth certificate to CBSE, after which CBSE will process the application expeditiously upon fee payment.

What did the court decide?

Directed the school to submit the birth certificate to CBSE, which will then intimate the fee and decide the name change application within one month. The scope of the writ was not extended to direct

VyShakh Anil Vs the Central Board of Secondary… — Education and Admissions | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 7^TH DAY OF JUNE 2023 / 17TH JYAISHTA, 1945

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WP(C) NO. 12525 OF 2023

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PETITIONER:

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VYSHAKH ANIL AGED 25 YEARS S/O ANILKUMAR, RESIDING AT PULIYATH HOUSE, MAYYANAD .P.O, KOLLAM, PIN - 691303 BY ADVS. M.KIRANLAL MANU RAMACHANDRAN R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON

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RESPONDENTS:

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1 THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, HAVING ITS HEAD OFFICE AT SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI, PIN - 110092 2 THE REGIONAL OFFICER REGIONAL OFFICE, CBSE, BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, PIN - 695001 3 THE PRINCIPAL SREE NARAYANA TRUST CENTRAL SCHOOL, KOLLAM, KOLLAM DISTRICT, PIN - 691001 BY ADV. NIRMAL S, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12525 OF 2023

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C)No. 12525 of 2023

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Dated this the 07^th day of June, 2023

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) To issue Writ, order or direction in the nature of Mandamus, directing the respondents 1 and 2 to consider the application for change of name preferred by the petitioner through Exhibit P3 and effect changes in the certificates issued by the CBSE.

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(ii) Issue such other appropriate writ, order or direction which this Hon'ble Court may deem fit in the circumstances of the case.”[SIC]

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The petitioner completed his secondary

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school education from the Sree Narayana Trust Central School, Kollam in the year 2014. The school is affiliated to C.B.S.E. The petitioner, on his successful completion of the academic session, was issued with a grade sheet -cum- certificate of performance dated

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WP(C) NO. 12525 OF 2023

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19.05.2014. The petitioner submits that he had changed his name from Bootiya. A to Vyshakh Anil by publication in the official Gazette in the year 2022. It is the case of the petitioner that he effected his change of name through publication in the official gazattee as evident by Ext.P2. The petitioner submitted that, he had preferred an application for change of name in the year 2022 to the 3^rd respondent. Ext.P3 is the application. Ext.P4 is the Aadhaar card of the petitioner showing his changed name. Ext.P5 is the PAN card of the petitioner with his changed name. Ext.P6 is the driving licence in favour of the petitioner in his changed name. The grievance of the petitioner is that, Ext.P3 is not considered and the change of name is not effected in the certificate issued by the CBSE. Hence this writ petition is filed.

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Heard the learned counsel appearing for the petitioner and the learned Standing counsel appearing

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WP(C) NO. 12525 OF 2023

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for the CBSE.

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Counsel appearing for the petitioner

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reiterated the contentions raised in this writ petition. The Standing counsel takes me through the statement filed by respondents 1 and 2. It will be better to extract paragraph No.6 of the above statement:

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“6. This respondent humbly submits that with respect to Ext. P3 application of the petitioner, the same was received at its office and the 3^rd respondent school has been asked to submit the Latest Digital Birth Certificate vide email dated 20/02/2023 and subsequent reminder on 01/05/2023. The said documents have not been received from school till as on 31/05/2023.”

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5. Counsel for the petitioner submitted that the

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birth certificate will be made available with the CBSE authorities. If that be the case, consequential steps shall be taken by the CBSE authorities based on Ext.P3 application in the light of the principles laid down by the Apex Court in Jigya Yadav v. CBSE & Others

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WP(C) NO. 12525 OF 2023

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[2021 (3) KLT 711]. Necessary fees for changing the name also shall be paid by the petitioner on receiving intimation from the CBSE authorities.

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Therefore, this writ petition is disposed of in the following manner:

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i. The petitioner will produce the birth certificate before the 3^rd respondent and the 3^rd respondent will forward the same to the 2^nd respondent, within a period of one week from the date of receipt of the birth certificate from the petitioner.

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ii. Once the birth certificate is received by the 2^nd respondent, the 2^nd respondent can intimate the petitioner about the necessary fee to be paid and the remaining documents, if any, necessary within two weeks from the date of receipt of the birth certificate.

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iii. Once the necessary fee is paid and the

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WP(C) NO. 12525 OF 2023

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necessary documents are produced, the 2^nd respondent will consider Ext.P3 application in the light of the principles laid down by the Apex Court in Jigya Yadav 's case (supra), as expeditiously as possible, at any rate, within a period of one month from the date of receipt of all the documents.

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 12525 OF 2023

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APPENDIX OF WP(C) 12525/2023

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE GRADE SHEET DATED 19.05.2014 EXHIBIT P2 A TRUE COPY OF THE OFFICIAL GAZETTE EXHIBIT P3 A TRUE COPY OF THE APPLICATION SEEKING CHANGE OF NAME, FORWARDED BY THE PRINCIPAL OF THE 3RD RESPONDENT SCHOOL EXHIBIT P4 A TRUE COPY OF THE ADHAAR CARD OF THE PETITIONER SHOWING HIS CHANGED NAME

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EXHIBIT P5 A TRUE COPY OF THE PAN CARD OF THE PETITIONER WITH HIS CHANGED NAME EXHIBIT P6 A TRUE COPY OF THE DRIVING LICENSE ISSUED IN FAVOUR OF THE PETITIONER IN HIS CHANGED NAME EXHIBIT P7 A TRUE COPY OF THE RELEVANT PAGE OF THE CBSE EXAMINATION BYE-LAW

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

VyShakh Anil v. the Central Board of Secondary Education

Case brief

What is this about?

What did the court decide?

VyShakh Anil v. the Central Board of Secondary Education

Case brief

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What did the court decide?

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