High Court of KeralaSingle Judge2024-06-06Writ petition allowed; directions to reconsider...

Asha Mary Paul v. Central Board of Secondary Education and others

Case / Petition Number:W.P.(C) No.15931/2024

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2024-06-06
Court Decision / Holding: Writ petition allowed; Ext.P9 set aside; CBSE and Regional Office to reconsider the application for correction of the date of birth in light of the Jigya Yadav scheme, with orders to be passed within one month.
Final Disposition: Writ petition allowed; directions to reconsider under Jigya Yadav scheme

Parties to the Case

Appellants / Petitioners

Asha Mary Paul

Respondents

Central Board of Secondary Education (CBSE)
Regional Officer, CBSE Regional Office
Principal, Jawahar Navodaya Vidyalaya Malampuzha, Palakkad
Chairman, Central Board of Secondary Education (Shiksha Kendra)

Legal Representation & Advocates

Counsels for Petitioners

• John Joseph (Roy)
• Sabir N.S.

Counsels for Respondents

• Padmanabhan Nair M.K.
• Sri Nirmal S. (SC)

Case Synopsis & Summary

The petitioner, Asha Mary Paul, is an Allopathic Doctor who has moved the High Court to mandamus the respondents to correct her date of birth in CBSE and school records to reflect 12.09.1989 as per her birth certificate. Her birth is recorded in educational records as 12.09.1990 due to a clerical error in the admission register. She produced a birth certificate from Muvattupuzha Municipality, which shows the correct date of birth, and correspondingly was issued Aadhaar, PAN and a passport with the date 12.09.1989. The CBSE school records and the 3rd respondent principal had forwarded the correction request (Ext.P7) but the 1st respondent CBSE conveyed, by Ext.P9, that amended provisions of the CBSE examination bye-laws do not permit such a change once recorded. The petitioner argues the birth certificate is the most reliable document; the corrected CBSE documents will align with other official IDs and her career prospects. The respondents maintain the correction cannot be made under Rule 69.2 of the CBSE Byelaws; they contend no prior request was pursued before results and certificates. The court observes that Jigya Yadav v. CBSE (SC) provides a scheme for corrections, and accordingly directs respondents to reconsider the application in light of that scheme, setting aside Ext.P9. The petition is allowed with a direction to decide within one month.

Provisions of Law Cited

Rule 69.2 of CBSE Examination Bye-laws

Legal Doctrines & Maxims

Birth Certificate would be the most reliable document regarding date of birth; the primary evidence is decisive in determining date of birth.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the date of birth recorded in CBSE and school records is 12.09.1990 due to an error, while the correct date is 12.09.1989, supported by the birth certificate, PAN, Aadhaar and passport. She argues that the Birth Certificate is the most reliable document and that the amended CBSE bye-laws should permit correction in such circumstances; Jigya Yadav v. CBSE (SC) provides a guiding scheme for such corrections. The relief sought is to correct the date of birth in school records and in Ext.P10 (marks statement) in line with the birth certificate to prevent irreparable damage to her career.

Contentions of Respondents

The respondents rely on CBSE Examination Bye-laws Rule 69.2 to oppose correction; they state that corrections in CBSE records are not permitted after records are amended and that the petition is devoid of merit. They argue the process requires adherence to established rules and that no prior rectification request was pursued before results and certificates were issued. They emphasize that the Byelaws and policy must be followed and that the Court should not override the Board’s decision without a scheme that authorizes such corrections.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Jigya Yadav v. Central Board of Secondary Education	2021 (3) KLT 711 (SC)	Positive	The court acknowledges and applies the Jigya Yadav scheme for corrections in CBSE records, directing reconsideration under that framework.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE N.NAGARESH** **THURSDAY, THE 6[TH] DAY OF JUNE 2024 / 16TH JYAISHTA, 1946** **WP(C) NO. 15931 OF 2024** ## **PETITIONER:** **ASHA MARY PAUL AGED 34 YEARS D/O.DR. PAUL VARGHESE, ADUKALIL HOUSE, BANK ROAD, ALATHUR, PALAKKAD DISTRICT, PIN - 678541 BY ADVS. JOHN JOSEPH(ROY) SABIR N.S.** ## **RESPONDENTS:** - **1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY REGIONAL OFFICER NEW NO.3,OLD NO.1630-A, J- BLOCK, 16 TH MAIN ROAD, ANNA NAGAR ( WEST), CHENNAI-, PIN - 600004** - **2 THE REGIONAL OFFICER , CBSE REGIONAL OFFICE, NEW NO.3,OLD NO.1630-A, J- BLOCK, 6TH MAIN ROAD, ANNA NAGAR ( WEST), CHENNAI, PIN - 600004** - **3 PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA MALAMPUZHA P.O. PALAKKAD - 678651, PIN - 678651** - **4 THE CHAIRMAN , CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2, COMMUNITY CENTRE,PREET VIHAR, DELHI, PIN – 110092** **BY ADV PADMANABHAN NAIR M K SRI.NIRMAL S., SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.15931/2024 : 2 : ## **N. NAGARESH, J.** ````````````````````````````````````````````````````````````` ## W.P.(C) No.15931 of 2024 ````````````````````````````````````````````````````````````` _Dated this the 6[th] day of June, 2024_ ## **J U D G M E N T** ~ ~ ~ ~ ~ ~ ~ ~ ~ The petitioner, who is an Allopathic Doctor by profession, has filed this writ petition seeking to issue a writ of mandamus to respondents 1 and 2 to correct the date of birth of the petitioner in the school records and in Ext.P10 certificate as per her birth certificate. 2. The petitioner states that she was born and brought up at Alathur and did her primary education in BSS Gurukulam HSS, Alathur. The date of birth of the petitioner is 12.09.1989. However, due to a mistake, in the school admission register the birth was recorded as 12.09.1990. 3. When the mistake was noted, the petitioner obtained a Birth Certificate from Muvattupuzha Municipality. W.P.(C) No.15931/2024 : 3 : Based on the correct date of birth contained in the Birth Certificate, the petitioner was issued with Aadhaar Card, PAN Card and Passport indicating the date of birth as 12.09.1989. However, school records continued with the erroneous date of birth. 4. The father of the petitioner therefore submitted Ext.P7 application for correction of date of birth, to respondents 1 and 2. The 3[rd] respondent-Principal of the School in which the petitioner studied forwarded the application along with necessary documents, as per Ext.P8 communication. However, Ext.P9 letter of the 1[st] respondent addressed to the 3[rd] respondent-Principal stated that as per the amended provisions of the examination bye-laws, no change in the date of birth once recorded in the Board's records shall be made. 5. The petitioner states that date of birth of the petitioner was entered in the books of the 3[rd] respondent's School due to mistake. If the correction sought for by the petitioner is not made, it would cause damage to the W.P.(C) No.15931/2024 : 4 : petitioner's carrier. Unless this Court interferes in the matter and gives appropriate directions to respondents 1, 2 and 4, the petitioner will be put to irreparable loss, contended the counsel for the petitioner. 6. Standing Counsel entered appearance on behalf of respondents 1, 2 and 4 and resisted the writ petition filing a statement dated 01.06.2024. On behalf of respondents 1, 2 and 4, it is submitted that in view of the Examination Byelaw, Rule 69.2 of the CBSE, the request for correction in date of birth has not been considered by the Board and the decision was communicated to the School as per letter dated 03.10.2023. 7. The respondents submitted that at the time of submission of students' particulars for Class IX and X registration, parents have been asked to verify the details thoroughly in order to avoid errors. Neither the petitioner nor her parents approached the CBSE with a request to rectify the errors before the publication of results and after the receipt of Certificate. The writ petition is therefore without W.P.(C) No.15931/2024 : 5 : any merit, contended the Standing Counsel representing respondents 1, 2 and 4. 8. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1, 2 and 4. Notice to the 3[rd] respondent is dispensed with in view of the nature of the relief being granted in the writ petition. 9. The petitioner is a Doctor by profession. Ext.P3 PAN Card issued to the petitioner bears a date of birth 12.09.1989. Ext.P4 Aadhaar Card also shows that the petitioner's year of birth is 1989. Ext.P5 is the copy of Passport possessed by the petitioner. In Ext.P5, the date of birth is shown as 12.09.1989. Ext.P2 is the Birth Certificate issued by the Registrar of Births and Deaths, Muvattupuzha Municipality. The Birth Certificate also shows 12.09.1989 as the date of birth of the petitioner. It is only in the CBSE records and school records that the date of birth is shown as 12.09.1990. W.P.(C) No.15931/2024 : 6 : 10. The Birth Certificate would be the most reliable document in respect of any citizen as regards date of birth, since the entry of date of birth therein will be made at the earliest point of time. In the case of the petitioner, the PAN Card, Aadhaar Card and Passport and bear the date of birth in tune with the date of birth contained in the Birth Certificate. The CBSE records and School records alone contain a different date of birth. The petitioner has applied and corrected the date of birth in School records. 11. Respondents 1, 2 and 4 have rejected the application for correction of date of birth submitted by the petitioner on the ground that the amended examination byelaws of CBSE does not permit correction in such circumstances. It is not disputed that the correction of date of birth in CBSE records is now governed by the Scheme framed by the Hon'ble Apex Court in the judgment in _**Jigya Yadav v. Central Board of Secondary Education** [2021 (3) KLT 711 (SC)]._ Therefore, in the interest of justice, it is necessary that the respondents 1 and 2 reconsider the W.P.(C) No.15931/2024 : 7 : application of the petitioner for correction of date of birth in the light of the Scheme framed by the Hon'ble Apex Court. The writ petition is therefore allowed. Ext.P9 is set aside. Respondents 1 and 2 are directed to reconsider the application of the petitioner to correct the date of birth in the light of the Scheme framed in _**Jigya Yadav**_ (supra). Orders in this regard shall be passed within a period of one month. Sd/- **N. NAGARESH, JUDGE** aks/10.06.2024 W.P.(C) No.15931/2024 : 8 : ## **APPENDIX OF WP(C) 15931/2024** |**PETITIONER'S**|**EXHIBITS**| |---|---| |**Exhibit P 1**|**TRUE COPY OF THE ADMISSION REGISTER OF**| ||**THE JAWAHAR NAVODAYA VIDYALAYA ISSUED**| ||**BY THE PRINCIPAL ON 11-04-2023**| |**Exhibit P2**|**TRUE COPY OF THE BIRTH CERTIFICATE OF**| ||**THE PETITIONER ISSUED FROM THE**| ||**MUVATTUPUZHA MUNICIPALITY DATED 04-11-**| ||**2014**| |**Exhibit P 3**|**TRUE COPY OF THE PAN CARD OF THE**| ||**PETITIONER ISSUED BY THE GOVERNMENT OF**| ||**INDIA**| |**Exhibit P 4**|**TRUE COPY OF THE AADHAR CARD ISSUED BY**| ||**THE GOVERNMENT OF INDIA TO THE**| ||**PETITIONER**| |**Exhibit P 5**|**TRUE COPY OF THE PASSPORT OF THE**| ||**PETITIONER ISSUED BY THE REPUBLIC OF**| ||**INDIA DATED 04-04-2016**| |**Exhibit P 6**|**TRUE COPY OF THE SAID LETTER ISSUED BY**| ||**THE PETITIONER DATED 28-05-2023 TO THE**| ||**2ND RESPONDENT**| |**Exhibit P 7**|**TRUE COPY OF THE SAID REPRESENTATION**| ||**SUBMITTED BY THE FATHER OF THE**| ||**PETITIONER DATED 19-06-2023 TO THE 3RD**| ||**RESPONDENT**| |**Exhibit P 8**|**. TRUE COPY OF THE LETTER ISSUED BY**| ||**THE 3RD RESPONDENT TO THE 2ND**| ||**RESPONDENT DATED 22-06-2023**| |**Exhibit P 9**|**TRUE COPY OF THE SAID LETTER DATED 03-**| ||**10-2023 ISSUED BY THE UNDER SECRETARY**| ||**( M & M ) OF THE 1ST RESPONDENT**| |**Exhibit P 10**|**TRUE COPY OF THE MARKS STATEMENT**| ||**ISSUED BY THE CENTRAL BOARD OF**| ||**SECONDARY**<br>**EXAMINATION**<br>**,SECONDARY**| ||**SCHOOL EXAMINATION, 2006 ISSUED TO THE**| ||**PETITIONER IN WHICH THE CORRECTION IS**| ||**TO BE INCORPORATED**|