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Madras High CourtWP/23982/2019disposed of

Lakshmanan v. Central Board Of Secondary

2019-08-29Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.08.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.23982 of 2019 and W.M.P.Nos.23832 & 23834 of 2019 Lakshmanan .. Petitioner /versus/ 1.Central Board of Secondary Education, Represented by its Section Officer, Regional Office, New.No.3 (Old No.1630-A), 'J' Block, 16th Main Road, Anna Nagar West, Chennai-600 040.

2.The Principal, The Velammal International School, Velammal Knowledge Park, Kolkatta High Road, Thiruvallur District-601 204 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent issued vide proceedings in No.CBSE/RO(M)/CORR/REJECTION/2017/9369 dated 26.05.2017 and quash the same and consequently direct the respondents herein to issue fresh Central Board of Secondary Education Marks Statement with Roll No.4609520 by mentioning the name of the petitioner as mentioning 'Lakshmanan A/L Balan' and also his father's name as Balan A/L Ramanathan. For petitioner : Mr.G.Arulmurugan For Respondents : Mr.G.Nagarajan, St.c for R1 No appearance for R2

O R D E R

Heard the learned counsel for the petitioner and the learned counsel appearing for the CBSC.

2. Though the respondent (CBSE) has not filed counter, the stand of the respondent is that from the records submitted by the petitioner herein, the name of the petitioner is shown as

Lakshmanan AL.Balan and therefore, the request of the petitioner to alter the name as Lakshmanan A/L Balan in the mark sheet cannot be acceded.

3. The case of the petitioner is that he was born in Malaysia on 1st November 1996 and at the time of birth the parents has sworn the name of Lakshmanan and his birth certificate as well as School Leaving Certificate show his name as Lakshmanan A/L Balan.

4. According to the learned counsel for the petitioner A/L Balan stands for S/o of Balan and in Malaysia they used A/L which means "S/o". However, while feeding the details to CBSE by the petitioner while applying for the XII standard examination, the School Management was not able to feed the name Lakshmanan A/L Balan since the computer did not accept the (/) slash mark. So when the petitioner received his mark sheet indicating his name as AL Balan instead of A/L Balan, the petitioner made request through the institution explaining why the petitioner name could not be shown as Lakshmanan A/L Balan. However, the request has been rejected by the 1st respondent vide communication dated 26.05.2017. Hence, the present writ petition.

5. The learned counsel for the petitioner would submit that the birth certificate and School leaving certificate of the petitioner would clearly indicate the name of the petitioner as Lakshmanan A/L Balan. The 2nd respondent School has also in their request dated 03.05.2017 has explained why they were not able to insert (/) mark between A and L in the name of the petitioner to show as Lakshmanan A/L Balan. Even then the 1st respondent has rejected the request saying that on verification of the documents the correction sought is not inconsonance with the School records.

6. Opinion of this Court is that the 1st respondent besides School records ought to have verified the birth certificate, School Leaving certificate and conduct certificate issued by the Educational Institute at Malaysia where the petitioner born and pursued his study upto X standard, so that they could have appreciated the reason for the request to carry out the correction in the XII standard mark sheet.

7. Therefore, the 1st respondent is hereby directed to consider the request of the petitioner forwarded through his School vide letter dated 03.05.2017, in the light of the birth certificate and school leaving certificate furnished by the petitioner herein and correct the mark sheet and issue corrected mark sheet within reasonable time. The petitioner is directed to furnish the set of documents to the 1st respondent along with copy of this order to the 1st respondent herein. On receipt of the representation, the 1st respondent shall dispose of the

request within four weeks.

8. With the above directions, this Writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rpl To 1.The Section 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.G.Arulmurugan, Advocate SR.74908 +1cc to Mr.G.Nagarajan, Advocate SR.75064 W.P.No.23982 of 2019 and W.M.P.Nos.23832 & 23834 of 2019 EV(CO) CB(11/10/2019)