Disposed

Anu D Raj v. the Chairman

Kerala HC4 Apr 2024WP(C)/20258/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition seeking correction of the mother's name in the petitioner's Secondary School Examination Certificate. Relying on Jigya Yadav, the court directed the petitioner to file a fresh application with the Regional Officer, who must consider it within six weeks.

What did the court decide?

Directing the petitioner to submit a fresh application to the additional 6th respondent within two weeks, with the authority required to consider and pass orders within six weeks thereafter.

Anu D Raj Vs the Chairman — Education and Admissions | Kerala HC (2024)

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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 T.R.RAVI

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THURSDAY, THE 4^TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946

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WP(C) NO. 20258 OF 2023

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PETITIONER:

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ANU D RAJ

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AGED 25 YEARS, D/O. T. DEVARAJAN, OTTAKANDATHIL, MUHAMMA. P.O, ALAPPUZHA DISTRICT, KERALA., PIN - 688525

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BY ADVS. V.K.SATHYANATHAN VINOD K.C.

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RESPONDENTS:

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1 THE CHAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VINHAR, NEW DELHI, PIN - 110092

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2 THE SECRETARY

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CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VINHAR, NEW DELHI, PIN - 110092

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3 THE SECRETARY

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CENTRAL BOARD OF SECONDARY EDUCATION, (REGIONAL OFFICE CHENNAI), NEW NO.3 (OLD NO.1630-A), 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI, PIN - 600040

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4 THE SECRETARY

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CENTRAL BOARD OF SECONDARY EDUCATION, (REGIONAL OFFICE DELHI), PS 1-2 PATPARGANJIP EXTENSION, INSTITUTIONAL AREA, NEW DELHI., PIN - 110092

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WP(C) NO. 20258 OF 2023

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**5 THE PRINCIPAL AIR FORCE GOLDEN JUBILEE INSTITUTE, SUBROTO PARK, NEW DELHI, PIN - 110010 ADDL. RESPONDENTS 6 & 7 IMPLEADED ADDL.R6 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, (REGIONAL OFFICE DELHI) NEW NO.3, (OLD NO. 1630 -A), 'J' BLOCK, 16 TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI, PIN 600 040 ADDL. R7 THE PRINCIPAL KENDRIYA VIDYALAYA , AIR FORCE STATION, SULUR, COIMBATORE, TAMIL NADU, PIN 641401. RESPONDENTS 6 & 7 ARE IMPLEADED AS PER ORDER DATED 04.04.2024 IN I.A.NO.1 OF 2024 BY ADVS. NIRMAL S, SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 20258 OF 2023

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T.R. RAVI, J.

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W.P.(C). No.20258 of 2023

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Dated this the 4^th day of April, 2024

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JUDGMENT

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The prayer in the writ petition is for effecting a change in the petitioner's mother's name in the Secondary School Examination mark sheet issued by the Central Board of Secondary Education (CBSE). The counsel for the respondents submits that if the petitioner submits a fresh application to the additional 6^th respondent, the request can be considered.

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

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The question relating to correction of the records of the CBSE was considered by the Hon'ble Supreme Court in Jigya Yadav v. Central Board of Secondary Education reported in 2021 (3) KLT 711(SC) . The Hon'ble Supreme Court has held that the CBSE cannot Act as a Court. The Hon'ble Supreme Court set out a scheme in the judgment and held that all existing and future cases are to be considered on the basis of the scheme, till the CBSE amended the Byelaws and notified the same in tune with the directions on the

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WP(C) NO. 20258 OF 2023

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judgment. The Hon'ble Supreme Court held that once the Court decides on the issue, the CBSE need not make any further enquiry and no further verification is also required. In paragraph 152 of the judgment, the Hon'ble Supreme Court held that public documents like Birth Certificate, Official Gazette, Aadhaar Card, Election Card, etc.,

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enjoy legal presumption of its correctness in terms of explicit provisions contained in Chapter V of the 1872 Act and that even other legislations concerning public documents attach equal importance to the authenticity of such documents including while making changes in their certificates to which the Court had referred to in the judgment. On the above reasoning the Hon'ble Supreme Court held that there is no reason for the CBSE not to take notice of the public documents relied upon by the candidate and to make necessary changes in the certificate issued by it, for being consistent with the public documents relied upon, even if such documents are not entirely consistent with the school records of the incumbent. In the case on hand, the name of the petitioner's mother has been correctly entered in Ext.P5 Senior Secondary Examination Mark Sheet issued by the respondent. The petitioner only requests for correction in the Secondary School Examination Certificate in tune with Ext.P5.

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WP(C) NO. 20258 OF 2023

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In the above circumstances, this writ petition is disposed of directing the petitioner to submit a fresh application seeking the correction, to the additional 6^th respondent, within two weeks from today, and on receipt of such request, the additional 6^th respondent shall consider the same and pass orders within six weeks thereafter.

Sd/---

T.R. RAVI JUDGE

WP(C) NO. 20258 OF 2023

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PETITIONER'S EXHIBITS

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Exhibit-P1	A COPY OF THE MARK SHEET DATED 19-5-2014 OF THE PETITIONER
Exhibit-P2	A COPY OF THE LETTER DATED 13-3-2015 WITH ACKNOWLEDGMENT SEAL.
Exhibit-P3	A TRUE COPY OF THE REPRESENTATION DATED 18-1-2016 SUBMITTED BY THE PETITIONER'S FATHER TO THE CBSE REGIONAL OFFICE, DELHI,
Exhibit-P4	A TRUE COPY OF THE LETTER NO. CBSE/RO(M)/CORRN/REJN/6793/2015 DATED
	5-5-2016 FROM THE CBSE REGIONAL OFFICE CHENNAI TO THE PETITIONER'S FATHER.
Exhibit-P5	A TRUE COPY OF THE SENIOR SECONDARY EXAMINATION MARK SHEET OF THE PETITIONER.
Exhibit-P6	A TRUE COPY OF THE REPRESENTATION DATED 5.5.2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
Exhibit-P7	A TRUE COPY OF THE JUDGMENT DATED 4.10.2019 IN W.P.(C)NO.25663/2019 BY THIS HONOURABLE COURT.
Exhibit-P8	A TRUE COPY OF THE JUDGMENT DATED 6.8.2020
	IN W.A.NO.987/2020 BY THIS HONOURABLE COURT.

Anu D Raj v. the Chairman

Case brief

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Anu D Raj v. the Chairman

Case brief

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