Muhammed Rameez v. The Central Board Of Secondary Education
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 23RD DAY OF MARCH 2015/2ND CHAITHRA, 1937 WP(C).No. 3777 of 2015 (V) --------------------------- PETITIONER:
-------------------- MUHAMMED RAMEEZ, AGED 26 YEARS S/O.SAID MUHAMMED, VADAKKAYIL HOUSE, NJARKUTTY MUTHALAKODAM P.O., THODUPUZHA - 685 605.
BY ADVS.SRI.G.KIRAN SRI.D.SREENATH RESPONDENTS:
-----------------------
1. THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE NEW PLOT NO.3 (OLD PLOT NO. 1630A) (J.BLOCK) ANNA NAGAR WEST CHENNAI -40, REPRESENTED BY THE DEPUTY SECRETARY
2. THE REGIONAL OFFICER, CBSE REGIONAL OFFICE, ANNA NAGAR WEST, CHENNAI 40, TAMIL NADU.
3. THE PRINCIPAL, AL-AMEEN PUBLIC SCHOOL (AFFILIATED TO C.B.S.E NEW DELHI NO.930029 SCHOOL NO.06513) EDAPALLY KOCHI - 682 024.
R3 BY ADV. SRI.TPM.IBRAHIM KHAN (SR.) R3 BY ADV. SRI.K.M.ABDUL MAJEED R1&2 BY SRI.DEVAN RAMACHANDRAN, SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3777 of 2015 (V) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------- EXT.P1: THE TRUE COPY OF THE CERTIFICATE /MARKS STATEMENT ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION DATED 27/5/2006 EXT.P2: THE TRUE COPY OF THE BIRTH CERTIFICATE, DATED 27/03/2014 ISSUED TO THE PETITIONER BY THE REGISTRAR OF BIRTHS AND DEATHS, MUVATTUPUZHA MUNICIPALITY, AS PER SECTION 17 OF THE REGISTRATION OF BIRTHS AND DEATHS ACT, 1969 EXT.P3: A TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED BY PRINCIPAL DE PAUL PUBLIC SCHOOL DATED 13/4/2004 EXT.P4: A TRUE COPY OF THE REPRESENTATION DATED 4/11/2014 MADE BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT.
EXT.P5: A TRUE COPY OF THE REPLY DATED 1/12/2014 ISSUED BY THE 2ND RESPONDENT.
EXT.P6: A TRUE COPY OF THE REPRESENTATION MADE TO THE 2ND RESPONDENT DATED 4/2/2015.
EXT.P7: A TRUE COPY OF THE JUDGMENT IN WPC 33675/2010 DATED 16/6/2011. RESPONDENTS' EXHIBITS : NIL --------------------------------------- // TRUE COPY // PA TO JUDGE dl/
P.R. RAMACHANDRA MENON J.
~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 3777 of 2015 ~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 23rd day of March, 2015
JUDGMENT
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 02.04.1988 in place of '02.04.1989'.
2. The learned counsel for the petitioner submits that, eventhough the petitioner has approached the school authorities/respondent No.3 along with a copy of the birth certificate (produced as per Ext.P2), wherein, the date of birth has been correctly given as '02.04.1989' 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 '02.04.1989'. Thereafter, the application has to be got forwarded along with the corrected date of birth as certified by the school
W.P.(C) No. 3777 of 2015 : 2 :
authorities to the second respondent/competent authority, 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 school authorities/3rd respondent and get his school records corrected, based on the relevant materials and as verified by the concerned local authority; simultaneously causing the same to be forwarded to the second respondent/competent authority as prescribed for taking further steps. On receipt of such proceedings, the matter shall be considered and final orders shall be passed by the second 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 2nd respondent/competent authority, after conducting verification with the concerned authority, if necessary, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of the proceedings as aforesaid.
W.P.(C) No. 3777 of 2015 : 3 :
The petitioner shall produce a copy of this judgment along with copy of the writ petition before the concerned respondent for further steps.
The writ petition is disposed of as above.
Sd/- P. R. RAMACHANDRA MENON, (JUDGE) kmd