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High Court of KeralaWP(C)/35830/2015disposed of

G.L.Sankerdeth Namboothiri v. The Cbse

2015-11-26Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 WP(C).No. 35830 of 2015 (C) ---------------------------- PETITIONER(S):

-------------------------- G.L. SANKERDETH NAMBOOTHIRI, S/O. V. GOVINDAN NAMPOOTHIRY, AGED 16 YEARS, RESIDING AT NEELAMANAILLAM, MUKHATHALA P.O., THRIKKOVILVATTOM VILLAGE, KOLLAM TALUK, KOLLAM, BEING A MINOR REPRESENTED BY THE FATHER V.GOVINDAN NAMPOOTHIRY, AGED 61 YEARS, RESIDING AT NEELAMANAILLAM, MUKHATHALA P.O., THRIKKOVILVATTOM VILLAGE, KOLLAM TALUK, KOLLAM-691 577.

BY ADV. SRI.S.M.ALTHAF.

RESPONDENT(S):

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

1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695 004.

2. THE PRINCIPAL, ST. JUDE CENTRAL SCHOOL, MUKHATHALA, ALUMMOODU P.O., KOLLAM-691 577.

3. SUB-REGISTRAR OF BIRTHS & DEATH, CORPORATION OF THIRUVANANTHAPURAM, CORPORATION OFFICE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.

R1 BY ADV. SRI.DEVAN RAMACHANDRAN, SC, CBSE R3 BY ADV. SRI.P.K.MANOJKUMAR, SC.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 35830 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1: TRUE COPY OF THE CERTIFICATE ISSUED TO PETITIONER BY CONTROLLER OF EXAMINATION, C.B.S.E.

EXHIBIT P2: BIRTH CERTIFICATE ISSUED BY THE SUB-REGISTRAR OF BIRTHS AND DEATH, CORPORATION OF THIRUVANANTHAPURAM. EXHIBIT P3: TRUE COPY OF THE REPRESENTATION GIVEN TO THE 2ND RESPONDENT DATED 29.09.2015 IS PRODUCED.

EXHIBIT P4: TRUE COPY OF THE ORDER REJECTING THE REQUEST OF THE PETITIONER BY THE 1ST RESPONDENT DATED 13.10.2015. RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 35830 of 2015 ================== Dated this the 26th day of November, 2015

J U D G M E N T

The petitioner approached the first respondent to correct the parents name in the certificate issued by the CBSE. This has been rejected vide Ext.P4 stating that the correction is not supported by school records.

2.

In the light of facts and circumstances, this Court is of the view that the petitioner shall approach the school authorities at the first instance for correcting school records. Thereafter the school authorities shall forward the corrected records to the CBSE for correction. Accordingly the following directions are issued:

If the petitioner approaches the 2nd respondent to correct the name of the parents, same shall be considered based on the documents relied by the petitioner within three weeks from the date of receipt of the copy of this judgment. The 2nd respondent

W.P.(C).No. 35830 of 2015 - : 2 :- further directed to forward the corrected school records to the first respondent. The first respondent based on the corrected school records and on being satisfied with the genuineness of the claim of the petitioner shall correct the certificate within a further period of three weeks. It is made clear that the petitioner's request shall be considered based on the pre-amended bye law.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE