High Court of KeralaWP(C)/13679/2015disposed of

Athira B.M. v. Central Board Of Secondary Education

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13679 of 2015 (H) ----------------------------------------- PETITIONER(S):

----------------------- ATHIRA B.M., AGED 19, D/O. BEENA MADHU, PARAMBIL HOUSE, MARUTHANKUZHY, KANJIRAMPARA P.O., THIRUVANANTHAPURAM.

BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S):

-------------------------

1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS DEPUTY SECRETARY, REGIONAL OFFICE, NEW NO.3, 'J' BLOCK, ANNA NAGAR WEST, CHENNAI, PIN-600 040.

2. THE PRINCIPAL, KENDRIYA VIDYALAYA, PANGODE, THIRUVANANTHAPURAM-695 006.

R1 BY ADV. SRI.DEVAN RAMACHANDRAN R2 BY ADV. SRI.K.MAYANKUTTY MATHER, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 13679 of 2015 (H) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 : PHOTOCOPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION, DELHI DTD.21.5.2012.

EXT. P2 : PHOTOCOPY OF THE TRANSFER CERTIFICATE ISSUED BY THE 2ND RESPONDENT.

EXT. P3 : PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED BY THE BIRTH AND DEATH REGISTRAR, MUNICIPAL OFFICE, NEYYATTINKARA. EXT. P4 : PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE FATHER OF THE PETITIONER DTD.5.2.2015 BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.13679 of 2015 ******************************************************* Dated this the 8th day of May, 2015

JUDGMENT

Petitioner has approached this Court seeking a direction to the second respondent to correct the date of birth of the petitioner in the school records and forward the same to the first respondent for effecting simultaneous correction in Ext.P2 and other credentials issued by the Central Board of Secondary Education.

The matter is covered by the judgment of this Court in Sreeraj Nath v. Central Board of Secondary Education, Chennai [2013 KHC 2724] wherein this Court held that it is for the school authorities to make initial correction and thereafter forward the same to the CBSE for making corrections in the certificate and further that bar of five years will not stand in the way of causing date of birth corrected in genuine cases.

W.P.(C) No.13679 of 2015 2 Under these circumstances, this writ petition is disposed of as under:

The petitioner shall submit a fresh application to the second respondent, who shall make necessary enquiry in the matter and if the genuineness of the claim is found to be correct, necessary correction shall be made in the school records and the same shall be forwarded to the first respondent, who shall make necessary correction in the certificate issued by CBSE. This shall be done within a period of three months. It is open to the petitioner to produce authenticated copies of the birth certificate before respondents. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln