Akhil P.A. v Central Board of Secondary Education (Regional Office, Chennai); The Assistant Secretary, CBSE (Regional Office, Chennai); The Principal, K.E. Carmel Central School

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940** ## **WP(C).No. 30072 of 2018** ## **PETITIONER/S:** **AKHIL P.A.,AGED 28 YEARS S/O.AJAYAKUMAR,PERUMANNA, MUHAMMA,ALAPPUZHA,688525** **BY ADVS. SRI.T.G.SUNIL (PRANAVAM) SRI.C.X.ANTONY BENEDICT SRI.J.OM PRAKASH** ## **RESPONDENT/S:** |**1**|**CENTRAL BOARD OF SECONDARY EXAMINATION**| |---|---| ||**REGIONAL OFFICE NEW NO 3,J BLOCK, 16TH MAIN ROAD,**| ||**ANNA NAGAR WEST, CHENNAI-600040,REP.BY ITS SECRETARY.**| |**2**|**THE ASSISTANT SECRETARY,**| ||**CENTRAL BOARD OF SECONDARY EXAMINATION, REGIONAL**| ||**OFFICE NEW NO.3,J BLOCK,16TH MAIN ROAD, ANNA NAGAR**| ||**WEST, CHENNAI-6000040.**| |**3**|**THE PRINCIPAL,**| ||**K.E.CARMEL CENTRAL SCHOOL,MUHAMMA P.O, ALAPPUZHA-**| ||**688525.**| ||**BY ADV. SRI.NIRMAL S., SC, CBSE**| ## **OTHER PRESENT:** **NIRMAL.S,,SC,CBSE FOR R1 AND R2** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 30072 of 2018** **-2-** ## **J U D G M E N T** **The petitioner is aggrieved by the impugned decision rendered by the 1[st] respondent-Regional Officer, Central Board of Secondary Education, Chennai, as communicated in Ext.P-4 order dated 28.11.2017 whereby his request for correction of date of birth in the CBSE records has been rejected on the ground that the plea made by him for such correction is beyond the time limit stipulated as per the CBSE norms. The main prayers in this Writ petition (Civil) are as follows:** _**«i) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 1[st] respondent to carryout necessary corrections as per Ext.P3 application submitted by the petitioner taking into account Ext.P2 birth Certificate; ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the 3[rd] respondent to carry out correction accordingly and forward the corrected copy of the school Register duly certified to the 1[st] respondent; iii) Declare that the petitioner is entitled to correct the date of birth in the School Leaving Certificate in accordance with the correct entries int he Birth Certificate.»**_ **2. Heard Sri.J.Omprakash, learned counsel** **for the petitioner and Sri.S.Nirmal, learned** **WP(C).No. 30072 of 2018** **==> picture [22 x 9] intentionally omitted <==** **Standing Counsel for the CBSE appearing for respondents 1 & 2. In the nature of the order proposed to be passed in this petition, notice to R-3 will stand dispensed with.** **3. According to the petitioner his date of birth has been correctly entered in Ext.P-2 birth certificate issued by the Municipality concerned under the Registration of Births and Deaths Act and the Rules framed thereunder as 26.4.1991 and that the birth was so registered on 30.4.1991. But that, inadvertently, his date of birth was mistakenly shown in the school records as 26.4.1992, which was consequently also reflected in the CSBE records like Ext.P-1 mark list dated 28.5.2007, etc. According to the petitioner, his date of birth has been correctly shown as 26.4.1991 not only in Ext.P-2 birth certificate but also in other related documents like Ext.P-5 (Election Identity Card), Ext.P-6 (Driving Licence issued by the State Government), Ext.P-7 (Aadhar card issued by the Government of India), Ext.P-8** **WP(C).No. 30072 of 2018** **-4-** **(PAN card issued by the Government of India), etc. That the petitioner was advised that his date of birth should be corrected in the school records and CBSE records in accordance with the birth certificate as otherwise it will detrimentally affect him when he seek for higher studies, etc. Accordingly, the petitioner has submitted Ext.P-3 representation dated 10.9.2017 before the Principal of the 3[rd] respondent-School where he studied and also representation dated 23.10.2017 before the 1[st] respondent-Regional Officer, CBSE, Chennai, for securing correction of the date of birth in the school records and CBSE records. The said request has been now denied as per Ext.P-4 dated 28.11.2017 issued by the 1[st] respondentRegional Office, CBSE, Chennai, on the ground that the request made by the petitioner is beyond the time limit envisaged in the CBSE norms. It is this decision at Ext.P-4 that is under challenge in this Writ Petition.** **4. A perusal of Ext.P-2 birth certificate** **WP(C).No. 30072 of 2018** **-5-** **would show that the date of birth has been entered therein as 26.4.1991 and the birth has been so registered with the Registrar of Births and Deaths on 30.4.1991, which is also discernible from Ext.P-2. If indeed the correct date of birth of the petitioner is 26.4.1992 as shown in the school records and CBSE records, then it would not have been possible to register the birth of the child on 30.4.1991, which is prior to the date of birth shown in the school records. This aspect would give credence and reliability to the contention of the petitioner that his correct date of birth is as shown in Ext.P-2 and not 26.4.1992. According to the petitioner, the mistake occurred only in respect of the year in question. The correct year of birth is 1991 and the year of birth shown as 1992 in the school records, etc. Moreover, the statutory birth certificate like Ext.P-2 issued under the provisions of the Registration of Births & Deaths act and the Rules framed thereunder will have the statutory presumption about its** **WP(C).No. 30072 of 2018** **-6-** **correctness. In the light of these aspects, it is only to be held that the plea made by the petitioner is bonafide. But, what stands in his way is essentially the time period stipulated by the 1[st] respondent-CBSE in the matter of entertaining such request for correction and it is common ground that the said period permitted by the CBSE norms is over.** **5. The Division Bench of this Court in the decision in** _**Subin Mohammed v. Union of India**_ **, reported in 2016 (1) KLT 340, has also held in para 39 thereof that while considering a petition filed under Article 226 of the Constitution of India seeking correction of date of birth in the CBSE records beyond the time period permitted by that authority, it is always open for the Court exercising powers under Article 226 of the Constitution of India to pass appropriate orders taking into account the facts and circumstances of each case and also taking into consideration the extenuating aspects that future prospects of the** **WP(C).No. 30072 of 2018** **-7-** **candidates, who intend to study or to get employment abroad will be prejudicially affected, if the entry of the date of birth in the mark sheet does not tally with that in the birth certificate. Accordingly, the Division Bench in** _**Subin Mohammed**_ **'s case (supra), reported in 2016** **(1) KLT 340 has issued the following directions in paras 39 & 41, which read as follows:** _**“39. It is contended that the future prospects of the petitioners to study or get employment abroad, will be substantially affected if the entry of date of birth in the mark sheet does not tally with that in the birth certificate. Though a writ of mandamus cannot be issued in the strict sense, we are of the view that, failure to exercise jurisdiction may put the petitioners to serious hardship. Hence, to render justice, it is always open for the Court to pass appropriate orders, taking into account the facts and circumstances of each case. However, if disputed questions of fact arises, it will not be appropriate for this Court to entertain the matter.**_ _**40. xxx xxx xxx**_ _**41. Hence, to meet the ends of justice, it will be appropriate for this Court to dispose the Writ Petitions with the following directions:**_ > _**i) That C.B.S.E. shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine.**_ > _**(ii) Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, C.B.S.E. may deem it fit.**_ > _**(iii) C.B.S.E. can demand in advance a consolidated fee, including all expenses for processing such applications. (iv) Each of the petitioners shall pay Rs.5,000/- (Rupees Five thousand only) as cost to C.B.S.E. within a period of one month.”**_ **WP(C).No. 30072 of 2018** **-8-** **Further, this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017 has issued the** ## **following directions in para 4 thereof, which** ## **reads as follows:** _**“4. Having regard to the facts and circumstances of the case, as also the submissions made by the learned counsel on either side, the writ petition is disposed of as follows:**_ _**(i) The concerned authority of the school in which the petitioner has studied shall correct the name of the petitioner entered in the school records based on her birth certificate and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of a copy of this judgment.**_ _**(ii) The CBSE shall carry out the correction sought by the petitioner based on the birth certificate and the corrected school records, on payment of Rs.5000/-, within two months thereafter.”**_ **The above said judgments have been followed in** **series of cases by this Court while entertaining applications under Article 226 of the Constitution** **of India for directions in the matter of correction of date of birth in the CBSE records.** **6. Accordingly, taking into account the directions issued by the Division Bench of this Court in** _**Subin Mohammed**_ **'s case (supra), reported in 2016 (1) KLT 340 as well as the directions issued by this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017, it is ordered** **WP(C).No. 30072 of 2018** **-9-** **that the matter requires consideration afresh at the hands of the respondents. Accordingly, it is ordered that, for facilitating such remit, the impugned Ext.P4 proceedings will stand set aside. The petitioner may make an application to the respondents, which may be initially submitted to the 3[rd] respondent School authority seeking correction of his date of birth in the school records as well as in the CBSE records so as to be in consonance with Ext.P2 birth certificate. However, the consideration of the said plea will be subject to the condition that the petitioner should pay cost of Rs.5,000/- (Rupees five thousand only) by way of demand draft in favour of the competent authority of the CBSE, Regional Office, Chennai and the demand draft should be paid within two weeks from the date notified for receiving the certified copy of this judgment. The said demand draft should be sent to the 1[st] respondent along with certified copy of the judgment and also the formal application of the** **WP(C).No. 30072 of 2018** **-10-** **petitioner seeking correction of date of birth in the CBSE records. The petitioner shall produce a photocopy of the said demand draft along with his application to the 3[rd] respondent-School seeking correction of date of birth in the school records. Thereupon, the 3[rd] respondent-school authority will ensure that the correction is effected in the school records regarding the date of birth so as to be in consonance with Ext.P-2 birth certificate and thereafter, the intimation in that regard should be forwarded by the Principal of the 3[rd] respondent school to the competent authority of the 1[st] respondent-CBSE, Regional Office, Chennai, upon which the 1[st] respondent will take necessary steps to ensure that the date of birth of the petitioner as shown in Ext.P-1 mark list and other CBSE records should be corrected so as to be in consonance with the entry in Ext.P2 birth certificate. Steps in that regard should be duly completed by the respondents within two months from the date of receipt of the application along** **WP(C).No. 30072 of 2018** **-11-** **with the demand draft. In case the petitioner does not pay the cost amount by way of demand draft to the 1[st] respondent within the above said time limit, the above said directions will stand automatically vacated without any further orders from this Court.** **With these observations and directions, the above Writ Petition (Civil) will stand disposed of.** **Sd/-** **ALEXANDER THOMAS,** **JUDGE** Bkn/- **WP(C).No. 30072 of 2018** **-12-** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF SECONDARY SCHOOL EXAMINATION CERTIFICATE ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER.** - **EXHIBIT P2 TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE HEALTH INSPECTOR OF ALAPPUZHA MUNICIPALITY TO THE PETITIONER.** - **EXHIBIT P3 TRUE COPY OF APPLICATION DATED 10.9.2017 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.** - **EXHIBIT P4 TRUE COPY OF LETTER DATED 28.11.2017 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.** - **EXHIBIT P5 TRUE COPY OF ELECTION I.D CARD OF THE PETITIONER ISSUED BY THE ELECTORAL REGISTRATION OFFICER.** - **EXHIBIT P6 TRUE COPY OF DRIVING LICENCE OF THE PETITIONER.** - **EXHIBIT P7 TRUE COPY OF AADAR CARD OF THE PETITIONER ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA.** **EXHIBIT P8 TRUE COPY OF PAN CARD OF THE PETITIONER ISSUED BY THE INCOME TAX DEPARTMENT.** **EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 23.9.2016 IN WPC.NO.31094/2016 OF THIS HON'BLE COURT.**