Madras High CourtWP(MD)/7434/2019allowed

M.Aburvan, v. The Union Of India,

2019-04-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7434 of 2019 and W.M.P.(MD).No.5951 of 2019 M.Aburvan ... Petitioner Vs 1.The Union of India, Represented by Secretary, Ministry of Human Resources Development, Shastri Bhavan, C-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.

2.The Central Board of Secondary Education, Represented by its Chairman, (An autonomous Organization under the Ministry of Human Resources Development) Head Office, No.2, Shiksha Kendra Community Centre, Preet Vihar, New Delhi-110 092.

3.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.

4.The Principal, Mount Litera Zee School, M.M.Nagar, Vayalur Road, Tiruchirappalli, Tiruchirappalli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to correct the Date of Birth of the petitioner herein in the Class X Secondary School Examination Grade Sheet cum Certificate of Performance (Year 2017) issued by the second respondent herein as 18.05.2000 and reissue the same by considering the petitioner's representation dated 21.03.2019.

For Petitioner : Mr.A.Thiruvadi Kumar For R-1 : Mr.S.Jeyasingh CGSC For R-2 to R-4 : No Appearance

ORDER

Heard the learned counsel appearing for the petitioner and the learned Central Government Standing Counsel appearing for the first respondent. None appears on behalf of the respondents 2 to 4.

2. The petitioner states that he studied in the fourth respondent School. He passed out of the School in the year 2017. However, a mistake had crept in the Class X Secondary School Examination Grade Sheet issued by the second respondent in respect of his date of birth. The petitioner's correct date of birth is 18.05.2000. However, it has been mentioned as 18.05.2001.

3. Therefore, the third respondent is directed to re-issue the Class X Secondary School Examination Grade Sheet and the Performance Certificate by mentioning the petitioner's correct date of birth as 18.05.2000. The third respondent shall issue such certificate within a period of four weeks from the date of receipt of a copy of this order.

4. The Writ Petition stands allowed accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS) tsg To 1.The Secretary, Union of India, Ministry of Human Resources Development, Shastri Bhavan, C-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.

2. The Chairman, The Central Board of Secondary Education, (An autonomous Organization under the Ministry of Human Resources Development) Head Office, No.2, Shiksha Kendra Community Centre, Preet Vihar, New Delhi-110 092.

3.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.

+1 CC to M/s.S.JEYASINGH, Advocate ( SR-64557[F] dated 30/04/2019 ) +2 CC to Mr.A.THIRUVADI KUMAR,Advocate(SR-64743[F] dated 02/05/2019) W.P.(MD)No.7434 of 2019 30.04.2019 ES/16.05.2019/3P/7C