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Madras High CourtWP/18891/2021disposed of

K.Gurumurthy v. Cbse Head Office

2021-09-24Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2021

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P. No.18891 of 2021 K.Gurumurthy

...Petitioner

Vs.

1.CBSE Head Office, Shiksha Kendra-II Community Centre, Preet Vihar, Delhi, India - 110 092.

2.CBSE Chennai Regional Office, Old No.1630 A, 6th Avenue, 6th Street, Near Sri Devi Hospital, Bharathi Nagar, Anna Nagar, Chennai - 600 040.

3.The Principal, Velammal Vidyalaya, Melayampakkam, Chennai - 600 095.

...Respondents

PRAYER: Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to correct the Date of Birth of the petitioner's Daughter K.G.Lakkshaya in the Secondary School Examination, March 2019 Mark Sheet of the Petitioner's daughter from 24.03.2003 to 24.03.2004 and issue a revised Mark Sheet with Date of Birth corrected as 24.03.2004.

For Petitioner : Mr.K.Gnanasekar For Respondent : Mr. G.Nagarajan Standing Counsel for R1 & R2

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to correct the date of birth of the petitioner's daughter in the Secondary School Leaving Examination mark sheet issued to her. 2.The case of the petitioner is that the correct date of birth of his daughter is 24.03.2004 and it was mistakenly entered as 24.03.2003 in the mark sheet that was issued for the Secondary School Examination conducted during March 2019. The petitioner therefore, made a representation to the 2nd respondent seeking for the correction of the date of birth by submitting all the relevant documents. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

3.Heard Mr.K.Gnanasekar, learned counsel appearing on behalf of the petitioner and Mr.G.Nagarajan, learned Standing Counsel appearing on behalf of the respondents 1 and 2. 4.This Court has carefully gone through the documents submitted by the petitioner. It is seen from all the relevant documents that the correct date of birth of the petitioner's daughter is 24.03.2004. However, unfortunately when the mark statement was issued to the petitioner's daughter, the date of birth was wrongly mentioned as 24.03.2003. Therefore, the petitioner had made a representation and it was never acted upon. 5.In the considered view of this Court, the date of birth that was mentioned in the mark sheet requires correction.

Therefore, there shall be a direction to the petitioner to submit the original mark sheet that was issued to his daughter for the Secondary School Examination before the 2nd respondent on 27.09.2021. The petitioner shall also execute the necessary bond as required by the 2nd respondent and pay the necessary fees. The 2nd respondent shall thereafter make the necessary correction in the date of birth and issue a fresh mark statement to the petitioner on or before 01.10.2021.

6.This writ petition is disposed of with the above direction. No Costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

ssr To 1.CBSE Head Office, Shiksha Kendra-II Community Centre, Preet Vihar, Delhi, India - 110 092.

2.CBSE Chennai Regional Office, Old No.1630 A, 6th Avenue, 6th Street, Near Sri Devi Hospital, Bharathi Nagar, Anna Nagar, Chennai - 600 040.

+1CC to M/s.M.Gnanasekar, Advocate, SR.No.49605 (29/09/2021) W.P. No.18891 of 2021 SSV (CO) B.VC (24/09/2021)