← Library
High Court of KeralaWP(C)/13827/2015disposed of

Krishna Priya T. v. The Assistant Secretary, Cbse

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. 13827 of 2015 (C) ------------------------------------------ PETITIONER(S) :

------------------------ KRISHNA PRIYA T., D/O.G.THULASEEDHARAN, PRIYANANDANAM, THAZHUTHALA.P.O., KOTTIYAM, KOLLAM DISTRICT.

BY ADV. SRI.B.MOHANLAL RESPONDENT(S):

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

1. THE ASSISTANT SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR(WEST) CHENNAI-40.

2. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J-BLOCK, ANNA NAGAR(WEST), CHENNAI-40.

3. THE PRINCIPAL, MANNAM MEMORIAL RESIDENTIAL PUBLIC SCHOOL, VALATHUNGAL.P.O., KOLLAM-691 018.

R1 & R2 BY SRI.DEVAN RAMACHANDRAN, S.C, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 13827 of 2015 (C) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KAREEPRA PANCHAYATH TO THE PETITIONER.

P2:

THE TRUE COPY OF THE MARK LIST DATED 28.05.2007 ISSUED BY THE RESPONDENTS 1 AND 2 TO THE PETITIONER.

P3:

THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE RESPONDENTS 1 AND 2 DATED 28.05.2007 TO THE PETITIONER.

P4:

THE TRUE COPY OF THE ORDER NO.

RO(M)/CORRN/REJECTION/DOB/2015/4305 DATED 07.04.2015 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.13827 of 2015 ~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of May, 2015

J U D G M E N T

The petitioner passed Secondary School Examination, 2007 offered by the Central Board of Secondary Education. Learned counsel for the petitioner submits that the date of birth of the petitioner is 15/04/1991 as evident from Ext.P1 birth certificate and it is mistakenly noted as 15/04/1992 instead of 15/04/1991 in Exts.P2 and P3 certificates issued by the CBSE and though she made a request before the authority concerned, the same was rejected by Ext.P4.

2.

This Court in Sreeraj Nath v. Central Board of Secondary Education, Chennai [2013 KHC 2724] 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 certificates and further that bar of

Wpc 13827/2015 -2five years will not stand in the way of causing date of birth corrected in genuine cases.

3.

In view of the above, Ext.P4 is set aside.

The petitioner shall submit an application to the third 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 competent among respondents 1 and 2, who shall make necessary correction in accordance with law. This shall be done within a period of two months. It is open to the petitioner to produce authenticated copies of the birth certificate before the respondents.

The writ petition is disposed of as above. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms