Anju M. v. Central Board of Secondary Education (CBSE) and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 4[TH] DAY OF AUGUST 2021 / 13TH SRAVANA, 1943 WP(C) NO. 10521 OF 2021** ## **PETITIONER:** **ANJU M. AGED 27 YEARS D/O. MAYILVAHANAN, USHUS, PALACE WARD, KAYAMKULAM P.O. ALAPUZHA DISTRICT 690 502.** **BY ADVS. C.RAJENDRAN SRI.B.K.GOPALAKRISHNAN** ## **RESPONDENTS:** - **1 THE CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2 COMMUITY CENTRE, PREET VIHAR, NEW DELHI 110 301.** - **2 CENTRAL BOARD OF SECONDARY EDUCATION, 1630 J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI 600040, REPRESENTED BY ITS REGIONAL MANAGER.** - **3 THE PRINCIPAL, SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM P.O. ALAPUZHA DISTRICT 690 502.** - **4 REGIONAL MANAGER, CENTRAL BOARD OF SECONDARY EDUCATION, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM 695 004.** **BY ADV SRI.NIRMAL S., SC, CBSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.10521 of 2021 :-2-: Dated this the 4[th] day of August, 2021 ## **J U D G M E N T** The petitioner completed her class X from the 3[rd] respondent school, which is affiliated to the 2[nd] respondent Board (hereinafter referred to as, 'CBSE') in 2010 and her Class XII from the same school in 2012. The name and the date of birth of the petitioner are shown in the school records as "Anchu M" and "03.03.1994" respectively. Her mother's name is shown in the school records as "Usha Murugan" and her father's name is shown as "Murugan P.". According to the petitioner, her name and date of birth are actually "Anju M." and "04.03.1994" respectively, and the names of her mother and father are "Usha Mayilvahanan" and "Mayilvahanan" respectively and the mistake occurred at the time of initially admitting her in school. Even though the petitioner requested for effecting the necessary correction in the school records and the CBSE records, the same was returned by the school authorities stating that the request cannot be forwarded to the CBSE having regard to the Byelaw 69.2. The petitioner challenges Ext.P7 in this writ petition and prays for ## W.P.(C)No.10521 of 2021 :-3-: directions to effect necessary changes in the school records and the CBSE records. 2. Heard Sri C.Rajendran, the learned counsel for the petitioner and Sri Nirmal S., the Standing counsel for the CBSE. 3. The question relating to correction of the records of the CBSE was considered by the Hon'ble Supreme Court in **Jigya Yadav v. Central Board of Secondary Education** reported in **2021 (3) KLT 711(SC)** . The Hon'ble Supreme Court has held that the CBSE cannot Act as a Court. The Hon'ble Supreme Court further held that the courts can consider the genuineness of the claim put forward by the students on the basis of public documents relied on by them and can adjudicate on the justiciability of the claim. The Hon'ble Supreme Court set out a scheme in the judgment and held that all existing and future cases are to be considered on the basis of the scheme, till the CBSE amended the Byelaws and notified the same in tune with the directions on the judgment. The Hon'ble Supreme Court held that once the Court decides on the issue, the CBSE need not make any further enquiry and no further verification is also required. In W.P.(C)No.10521 of 2021 :-4-: paragraph 152 of the judgment, the Hon'ble Supreme Court held that public documents like Birth Certificate, Official Gazette, Aadhaar Card, Election Card, etc., enjoy legal presumption of its correctness in terms of explicit provisions contained in Chapter V of the 1872 Act and that even other legislations concerning public documents attach equal importance to the authenticity of such documents including while making changes in their certificates to which the Court had referred to in the judgment. On the above reasoning the Hon'ble Supreme Court held that there is no reason for the CBSE not to take notice of the public documents relied upon by the candidate and to make necessary changes in the certificate issued by it, for being consistent with the public documents relied upon, even if such documents are not entirely consistent with the school records of the incumbent. Dealing with the role of writ Courts, the Hon'ble Supreme Court in paragraph 156 of the judgment held that when a student approaches a Court of law for a declaration producing public documents, the Court would enter upon an inquiry wherein the legal presumption would operate in favour of the public documents and burden would shift on ## W.P.(C)No.10521 of 2021 :-5-: the party opposing the change, to rebut the presumption or oppose the claim on any other ground. The Hon'ble Supreme Court held that the question of genuineness of the document including its contents is to be adjudicated by the Court and on being satisfied of the genuineness of the documents, the Court can grant its permission for making the correction/change, which can then be placed before the CBSE, which would then have no locus to make further enquiry nor would be required to enter upon any further verification exercise. 4. In the case on hand, Exhibit P1 is the Birth Certificate issued by the Registrar of Births and Deaths, Pandalam Panchayat, which certifies that as per the information contained in the original record of birth register for the said Panchayat, the date of birth of the petitioner is "4.3.1994" and that the name of the petitioner is "Anju". The names of the father and mother of the petitioner are shown as "Mayilvahanan" and "Usha Mayilvahanan" respectively. Ext.P4 Passport issued to the petitioner shows her name as "Anju", her date of birth as "4.3.1994" and the names of her mother and father as "Usha Mayilvahanan" and "Pazhani Achary Mayilvahanan" W.P.(C)No.10521 of 2021 :-6-: respectively. Ext.P5 which is the one and the same certificate issued by the Tahsildar, Karthikappally, certifies that "Mayilvahanan" and "Murugan P" are one and same person. Ext.P8 one and the same Certificate issued by Mulakkuzha Village Office, shows that "Anju M." and "Anju" are one and same person. Ext.P9 one and the same certificate issued by the Mulakkuzha Village Office shows that "Usha" and "Usha Mayilvahanan" are one and same person. Exts.P1, P4, P5, P8 and P9 documents are public documents and there is a legal presumption of their correctness and there is no reason to doubt their authenticity. There is neither any _contra_ evidence available in the case to doubt the authenticity nor any evidence to rebut the presumption regarding the correctness of the said documents. In the above circumstances, it is declared that the name of the petitioner is "Anju M.", that her date of birth is "4.3.1994", that her mother's name is "Usha Mayilvahanan" and her father's name is "Mayilvahanan". The petitioner is hence entitled to have her name and date of birth and the names of her mother and father corrected in the school records and in the records of the CBSE. W.P.(C)No.10521 of 2021 :-7-: In the above circumstances, this Writ petition is allowed. The 3[rd] Respondent is directed to carry out the correction/change sought for by the petitioner as regards her name, date of birth and the names of her mother and father, in their records immediately and is further directed to forward the application submitted by the petitioner for correction in the CBSE records, to the authorised officer of the 2[nd] respondent, as expeditiously as possible, at any rate within thirty days from the date of receipt of a copy of the judgment. The authorised officer of the 2[nd] respondent shall thereupon make necessary changes in their records, in accordance with the declaration made by this Court. All pending interlocutory applications are closed. Sd/- **T.R.RAVI, JUDGE** ami/ W.P.(C)No.10521 of 2021 :-8-: ## **APPENDIX OF WP(C) 10521/2021** **PETITIONER EXHIBITS** **EXHIBIT P1 A TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR, PANDALAM PANCHAYATH DATED 26/03/1994.** **EXHIBIT P2 A TRUE PHOTOCOPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE ISSUED BY CONTROLLER OF EXAMINATIONS, CBSE DATED 28/05/2010.** **EXHIBIT P3 A TRUE PHOTOCOPY OF THE SENIOR SCHOOL EXAMINATION CERTIFICATE ISSUED BY CONTROLLER OF EXAMINATIONS, CBSE DATED 28/05/2012.** **EXHIBIT P4 THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER BEARING NUMBER - K 1058725 ISSUED BY REGIONAL PASSPORT OFFICER, COCHIN.** **EXHIBIT P5 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, KARTHIKAPPALLY DATED 11/06/2012.** **EXHIBIT P6 A TRUE PHOTOCOPY OF THE APPLICATION GIVEN BY THE PETITIONER TO THE PRINCIPAL, SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM DATED 05/04/2021.** **EXHIBIT P7 A TRUE PHOTOCOPY OF THE REPLY ISEUD BY THE PRINCIPAL, SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM DATED 12/04/2021. EXHIBIT P8 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MULAKKUZHA AND ITS TYPED COPY DATED 5.7.2021 OF THE PETITIONER** ## W.P.(C)No.10521 of 2021 :-9-: **EXHIBIT P9 A TRUE PHOTOCOPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MULAKKUZHA AND ITS TYPED COPY DATED 1.7.2021 OF THE PETITIONER'S MOTHER**