Megha Augustine v. Central Board Of Secondary Education

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:- THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 W.P.(C).No.11170 of 2015 (U) -------------------------------------------------- PETITIONER(S):- -------------------------- MEGHA AUGUSTINE, AGED 128 YEARS, D/O.AUGUSTINE O.A, OUSEPHPARAMBIL, VADAPURAM (PO), MAMPAD VILLAGE, NILAMBUR TALUK, MALAPPURAM DISTRICT BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU.

RESPONDENT(S):- ----------------------------

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

2. THE REGIONAL OFFICER, CENTRAL BOARD OF HIGHER SECONDARY EDUCATION (REGIONAL OFFICE), NEW NO.3(OLD NO 1630-A) 'J' BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI 600 004.

3. FATIMAGIRI,ENGLISH SCHOOL, NILAMBUR, PIN - 679 330, REPRESENTED BY ITS PRINCIPAL.

4. THE PRINCIPAL FATIMAGIRI, ENGLISH SCHOOL, NILAMBUR, PIN - 679 330. R1 & R2 BY STANDING COUNSEL SRI.DEVAN RAMACHANDRAN. R3 & R4 BY ADVS. SRI.P.SAMSUDIN SRI.JITHIN LUKOSE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.11170 of 2015 (U) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXHIBIT P1 THE TRUE COPY OF THE 10TH STANDARD MARK LIST. EXHIBIT P2 THE TRUE COPY OF THE FRONT PAGE OF THE S.S.L.C BOOK OF PETITIONER'S MOTHER.

EXHBIIT P3 THE TRUE COPY OF THE DRIVING LICENSE OF PETITIONER'S MOTHER.

EXHBIIT P4 THE TRUE COPY OF THE ADHAR CARD OF PETITIONER'S FATHER. EXHBIIT P5 THE TRUE COPY OF THE EXTRACT ADMISSION REGISTER OF PETITIONER'S FATHER.

EXHBIIT P6 THE TRUE COPY OF THE BIRTH CERTIFICATE OF PETITIONER. EXHBIIT P7 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER.

EXHBIIT P8 THE TRUE COPY OF THE LETTER DATED 07-03-2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL.

Vku/- [ true copy ]

K. Vinod Chandran, J -------------------------------------- W.P.(C).No.11170 of 2015-U ------------------------------------- Dated this the 02nd day of June, 2015

JUDGMENT

The petitioner seeks correction of the name of the petitioner's father and mother in the certificate issued by the Central Board of Secondary Education [for short "CBSE"], evidenced at Exhibit P1.

2. The petitioner admittedly completed her 10th Standard in the academic year 2011-12, the certificate of which is produced at Exhibit P1. The petitioner's mother's name is shown as "Shiny" and father's name as "Augustine". The petitioner's contention is that her mother's name is "Shaini K.D" and father's name is "Augustine O.A". The petitioner made an application through the school, as is evidenced at Exhibit P7, which stood rejected by Exhibit P8. The petitioner impugn Exhibit P8 in the above writ petition.

3. The rejection at Exhibit P8 has been made for the reason that the desired correction is not one in consonance with the school records. The petitioner, in order to substantiate her contention, has relied on the Secondary School Leaving Certificate

WP(C).No.11170 of 2015 - 2 - of her mother as also Driving Licence, the copies of which are produced as Exhibits P2 and P3; which would indicate that the name of the mother of the petitioner entered in the official registers is, "Shaini K.D". The petitioner's father's name, as is evidenced by Exhibit P4, being the "Aadhar Card" issued to him, is "Augustine O.A". The extract of Admission Register of SSHSS, Moorkanad relating to the petitioner's father, also produced at Exhibit P5, is in consonance with Exhibit P4. Furthermore, the petitioner has been issued with a Birth Certificate, Exhibit P6, in which the petitioner's father's and mother's name is indicated as shown in the application for correction, Exhibit P7. True, the Birth Certificate is issued on 27.12.2014; but it was issued after verification of the original register when the birth was registered, in 1996. Obviously a mistake would have occurred insofar as the names being entered in the school register. In such circumstance, it is only proper that the petitioner's parents' name be corrected in the certificate.

4. It is directed that the 4th respondent-School shall correct the names in its register, showing the correct name of the father and mother of the petitioner and the application shall be

WP(C).No.11170 of 2015 - 3 - forwarded to the CBSE within a period of one week from the date of the petitioner making an application in this regard with attested copies of the documents produced in this writ petition, i.e., from Exhibits P2 to P6. The CBSE, on receipt of the application from the school, shall ensure that the corrections are carried out within three months from the date of receipt of such application. Writ petition allowed. Parties are directed to suffer their respective costs.

Sd/- K.Vinod Chandran Judge.

vku/- [ true copy ]