P.M.Leen Abdulla v. The Regionalofficer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.NO.15947 OF 2010 P.M.Leen Abdulla ... Petitioner .Vs.

1. The Regional Officer, Central Board of Secondary Education (Regional Office), New No.3 (Old No.1630-A), J Block, 16th Main Road, Anna Nagar West, Chennai - 600 040.

2. The Principal, M.E.S.Raja Residential School, Post Box No.3, Calicut NIT Campus (P.O.), Kerala - 673 601.

... Respondents PRAYER:- The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the first respondent i.e. in No.RO(M)/CORRN/REJECTION/DOB/2010/945, dated 14.06.2010 as enclosed in the letter dated 06.07.2010 of the second respondent and by quashing the same as illegal and arbitrary and consequently direct the first respondent to effect correction of Date of Birth of the petitioner as 06.07.1987 in the Secondary School Examination Certificate bearing S.No.SSE/2003, 364756 as well as in the Marks Statement bearing S.No.2003-561129. For Petitioner :

M/s.S.Elambharathi For Respondent No.1 :

M/s.G.Nagarajan For Respondent No.2 :

No appearance

O R D E R

The petitioner preferred this Writ Petition for a direction to the first respondent to consider the request of the petitioner for correction of date of birth in the Secondary School Examination Certificate as well as in the Marks Statement.

2. Today when the matter is taken up for final hearing, the learned counsel appearing for the first respondent would produce a judgment of the Hon'ble Supreme Court in Civil Appeal No.3905 of 2011 and batch, [Jigya Yadav (minor) (through Guardian/father Hari Singh) Vs. C.B.S.E. (Central Board of Secondary Education) & Ors.] dated 03.06.2021. On perusal of the judgment, it is noted that the issues with regard to correction of date of birth, age, name, signature, etc., have been settled. Thus, the matter is no longer res integra. The Hon'ble Supreme Court has passed the detailed order directing the CBSE to process the applications for correction or change, as the case may be in the certificate issued by it in the respective cases under consideration and also pending applications on the same lines.

3. Accordingly, the first respondent is directed to consider the application of the petitioner in the light of the judgment of the Hon'ble Supreme Court in Jigya Yadav (minor) (through Guardian/father Hari Singh) Vs. C.B.S.E. (Central Board of Secondary Education) & Ors., dated 03.06.2021 within a period of eight (8) weeks from the date of receipt of a copy of this order.

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar asi

To The Regional Officer, Central Board of Secondary Education (Regional Office), New No.3 (Old No.1630-A), J Block, 16th Main Road, Anna Nagar West, Chennai - 600 040.

+1cc to Mr.K.J.Raebello, Advocate, S.R.No.19454 W.P.NO.15947 OF 2010 SKM(CO) PBS/04/04/2022