Akhil Thankappan v. Cbse

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 2782 of 2015 (W) --------------------------- PETITIONER :

---------------------- AKHIL THANKAPPAN PARACKATTUPARAMBIL HOUSE, VATTAPARAMBU P.O., MALLUSSERY, ERNAKULAM DIST., KERALA, PIN - 683579 BY ADV. SRI.PAULACHAN PUTHUPPARA RESPONDENT(S) :

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1. THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2 COMMUNITY CENTER, PREET VIHAR, DELHI-110092.

2. THE CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA 2 COMMUNITY CENTER, PREET VIHAR, DELHI-110092

3. THE PRINCIPAL JAVAHAR NAVODHAYA VIDHYALAYA SCHOOL NERIAMANGALAM P.O., ERNAKULAM DIST., KERALA - 686693.

4. THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, PLOT NO. 1630-A, ANNANAGAR WEST J BLOCK, CHENNAI-600040.

5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF HUMAN RESOURCES DEVELOPMENT SHASTHRI BHAVAN, NEW DELHI.

R1, R2 & R4 BY SRI.DEVAN RAMACHANDRAN, SC R3 BY ADV. SRI.P.PARAMESWARAN NAIR, SC R5 BY ADV. SRI.N.NAGARESH, ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 2782 of 2015 (W) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1:

TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY THE ALUVA MUNICIPALITY ON 17.10.2014. EXT.P2:

TRUE PHOTOCOPY OF THE MARK STATEMENT OF THE CBSE ALL INDIA SECONDARY SCHOOL EXAMINATION DATED 27.5.2006. EXT.P3:

TRUE PHOTOCOPY OF THE PASS CERTIFICATE OF THE CBSE ALL INDIA SECONDARY SCHOOL EXAMINATION DATED 27.5.2006. EXT.P4:

TRUE PHOTOCOPY OF THE APPLICATION DATED 29.11.2014 TO THE REGIONAL OFFICER CBSE CHENNAI TO CORRECT THE DATE OF BIRTH OF THE PETITIONER AS PER BIRTH CERTIFICATE. RESPONDENT(S)' EXHIBITS : NIL ---------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

P.R. RAMACHANDRA MENON, J.

.............................................................................. ......................................................................... Dated this the 9th April, 2015

J U D G M E N T

The petitioner is stated as aggrieved of the inadvertent mistake which has crept in the school records/certificates showing the date of birth of the petitioner as '01.05.1991' in place of '01.10.1990'.

2. The learned counsel for the petitioner submits that, eventhough the petitioner has approached the 4th respondent / Regional Officer, CBSE along with a copy of the birth certificate ( Ext.P1), wherein, the date of birth has been correctly given as '01.10.1990', it has not given any result; which made the petitioner to approach this Court seeking for appropriate reliefs. 3.

The learned Standing Counsel for the C.B.S.E. submits that, by virtue of the mandate under the Bye-laws of the C.B.S.E, the petitioner has to approach the school authorities and get his school records corrected showing the actual date of birth as '01.10.1990'. Thereafter, the application has to be got forwarded along with the corrected date of birth, as certified by the school authorities to the 4st respondent/Regional Officer, CBSE, Chennai, on which event, the same will be considered and

appropriate steps will be pursued to redress the grievance of the petitioner.

4.

In the above circumstances, the petitioner is left to approach the 3rd respondent/School authority and get his school records corrected based on the relevant materials; simultaneously causing the same to be forwarded to the fourth respondent/CBSE, as prescribed, for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the 4th respondent/competent authority in accordance with law, particularly, in view of the decision rendered by the Division Bench of this Court in W.A No.1948/2008 holding that the bar of 'two years' (now stated as five years) as referred to in the 'Bye law' will not stand in the way of causing the date of birth to be corrected in genuine cases. Final orders as above, shall be passed by the 4th respondent/competent authority, after verification as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of the proceedings as aforesaid. The writ petition is disposed of as above.

The petitioner shall produce a copy of the judgment along with a copy

of the writ petition before fourth respondent/competent authority for further steps.

P.R.RAMACHANDRA MENON JUDGE lk