Liya Mary Jacob v. The Regional Officer (Cbse)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 37738 of 2015 (N) ---------------------------- PETITIONER(S):

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1. LIYA MARY JACOB, D/O.JACOB ABRAHAM, PUTHUPARAMBIL HOUSE, MUNDAKAYAM P.O, MUNDAKAYAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

2. BINDU JACOB, W/O.JACOB ABRAHAM, PUTHUPARAMBIL HOUSE, MUNDAKAYAM P.O, MUNDAKAYAM VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

BY ADVS.SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE RESPONDENT(S):

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1. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, PLOT NO.1630A. J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600 040.

2. CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, (OLD NO.1630-A) J BLOCK, 16TH MAIN, ANNA NAGAR (WEST), CHENNAI-600 040.

3. PRINCIPAL, ST.ANTONY'S PUBLIC SCHOOL, ANAKKAL, KANJIRAPPALLY, KOTTAYAM DISTRICT-686 001.

R1 & R2 BY SRI.DEVAN RAMACHANDRAN,SC BY SRI.K.M.ANEESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37738 of 2015 (N) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 :

THE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE OF THE 1ST PETITIONER ISSUED FROM THE CBSE DT 26-5-2013. P2 :

THE COPY OF THE AFFIDAVIT DT 12-5-2015 EXECUTED BY THE 2ND PETITONER BEFORE THE NOTARY PUBLIC.

P3 :

THE COPY OF THE APPLICATION DT 13-5-2015 FOR CORRECTION OF NAME OF THE PARENTS OF THE 1ST PETITIONER SUBMITTED BY THE 2NDPETITIONER- MOTHER OF THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT- PRINCIPAL.

P4 :

THE COPY OF THE MARK STATEMENT OF THE 1ST PETITIONER FOR THE 12TH STANDARD ISSUED FROM THE CENTRAL BOARD OF SECONDARY EDUCATION.

P5 :

THE COPY OF THE ORDER DT 31-8-2015 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT PRINCIPAL.

P6 :

THE COPY OF THE LETTER DT 13-5-2015 FORWARDED BY THE 3RD RESPONDENT- PRINCIPAL TO THE 1ST RESPONDENT FOR CORRECTION OF THE 12TH STD CERTIFICATES ALONG WITH THE TYPED OF THE SAME. P7 :

THE COPY OF THE LETTER DT 15-7-2015 FORWARDED BY THE 3RD RESPONDENT-PRINCIPAL TO THE 1ST RESPONDENT FOR CORRECTIONS TO BE MADE IN TO 10TH STD CERTIFICATES OF THE 1ST PETITIONER ALONG WITH A TYPED COPY OF THE SAME. RESPONDENT(S)' EXHIBITS:

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A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.37738 of 2015 ========================== Dated this the 14th day of December, 2015

JUDGMENT

Petitioner passed out Secondary School Examination (X Std) conducted by CBSE in the year 2013. The petitioner applied for correction of the name of mother and father in Ext.P1 certificate on 13.05.2015. The said application has been rejected citing that, as per the amended Bye law dated 25.06.2015 such application shall be made within one year from the date of declaration of results.

2. In respect of petitioner's Higher Secondary Certificate, the details have been correctly noted. Mistake is only in respect of the Secondary School Certificate. In fact, the school authorities have corrected records. Further, amended Bye law would relate to applications only after 25.06.2015. In that view of the matter, the impugned order is set aside. There shall be a direction to the 1st respondent to correct the Certificate issued to the petitioner, produced as Ext.P1 in tune with the school records. The school authority shall forward the corrected school

W.P.(c) No.37738/2015 records within two weeks. Thereafter, CBSE shall carry out the correction in the Secondary School Certificate within three months.

Writ petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/14/12/15