High Court of KeralaWP(C)/27513/2015disposed of

Jithin Darwin v. C.B.S.E, Thiruvananthapruam

2015-11-13Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937 WP(C).No. 27513 of 2015 (L) --------------------------------------- PETITIONER(S):

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

1. JITHIN DARWIN, AGED 18 YEARS, S/O.DR.DARWIN, PERATTIL HOUSE, ROYAL GARDEN, POONKUNNAM, THRISSUR.

2. MIDHUN DARWIN, S/O.DR.DARWIN, PERATTIL HOUSE, ROYAL GARDEN, POONKUNNAM, THRISSUR, REPRESENTED BY GUARDIAN AND FATHER DR.DARWIN.

BY ADV. SRI.L.RAJESH NARAYAN RESPONDENT(S):

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

1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK B, LIC DIVISION, PATTOM, THIRUVANANTHAPURAM 695 001, REPRESENTED BY ITS SECRETARY.

2. DEVAMATHA CMI PUBLIC SCHOOL, PATTURAIKKAL, THRISSUR 680 082, REPRESENTED BY ITS PRINCIPAL.

R1 BY SRI.DEVAN RAMACHANDRAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27513 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE RELEVANT PAGE OF THE CBSE RULES CONCERNING DOCUMENTS TO BE ATTACHED WITH THE APPLICATION FOR CORRECTION OF NAME.

EXHIBIT P2.

COPY OF THE RELEVANT PAGE OF THE KERALA GAZETTE DATED 15TH APRIL, 2014.

EXHIBIT P3.

COPY OF THE DEMAND NOTICE DATED 7.6.14.

EXHIBIT P4.

COPY OF THE LETTER DATED 26.3.15 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT.

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

/ TRUE COPY / P.S. TO JUDGE PJ

A. MUHAMED MUSTAQUE, J --------------------------------------------------------- W.P.(C).No. 27513 of 2015 -------------------------------------------------------- Dated this the 13th day of November, 2015

JUDGMENT

The petitioners approached 1st respondent-Central Board of Secondary Education, to correct the name in the Board Certificate issued. The petitioners have passed the examination in the year 2012. The request of the petitioners have been rejected, in view of the amended bye law, in the year 2015.

2. This Court is of the view that since the petitioners have passed the examination in the year 2012, the application has to be considered based on the unamended bye law. Therefore, Ext.P4 is set aside and the following directions are issued :

3. The petitioners shall approach the 2nd respondent

W.P.(C).No. 27513 of 2015 -2with relevant documents to correct school records. Therefore, the 2nd respondent shall correct the records based on the documents to be submitted by the petitioners on being satisfied with the genuineness of the claim of the petitioners. Needful shall be done by the 2nd respondent within a period of three weeks from the receipt of request from the petitioners. Thereafter, the 2nd respondent shall forward the same to correct the records from the 1st respondent for compliance. The 1st respondent shall do the needful within further period of three months. The petitioners shall produce all the documents relied by him before the authorities.

The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr