Augustine Abraham v. Union of India and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: N. Nagareesh
Judgment Date: 2024-01-11
Court Decision / Holding: Writ petition disposed. The 6th respondent to correct school records to align with Exts.P2–P6 and forward to the 4th respondent, who shall consider and effect the necessary changes in Ext.P1 certificate within six weeks, in terms of Jigya Yadav v. CBSE (supra) and as per the Scheme until amended bye-laws are notified.
Final Disposition: Petition disposed

Parties to the Case

Appellants / Petitioners

Augustine Abraham

Respondents

Union of India represented by Secretary, Department of School Education and Literacy, New Delhi
Central Board of Secondary Education represented by its Chairman, CBSE, New Delhi
The Controller of Examinations, CBSE, Shiksha Kendra, Community Centre, Preet Vihar, New Delhi
Under Secretary (M & M Section), CBSE Regional Office Chennai
Regional Director represented CTTC, BSNL RTTC Campus, Kaimanam, Thiruvananthapuram
The Principal Saint Peter's Senior Secondary School, Kadayiruppu, Kollenchery, Ernakulam

Legal Representation & Advocates

Counsels for Petitioners

• Varghese Sabu
• V. John
• Mani Sethulakshmi
• K. K. Meera Rajan
• Vishal Nair A.
• Abhirami C.
• Unni

Counsels for Respondents

• Sri. Nirmal S.
• Sri. S. Manu, Deputy Solicitor General of India

Case Synopsis & Summary

This writ petition challenges Ext.P11 (the rejection of the applicant’s request to correct date of birth in CBSE records) and seeks to declare 10.08.1987 as the correct date of birth in Ext.P1 certificate, aligning with Exts.P2 to P6 (Birth Certificate, Aadhaar, Passport, Parish Baptism Register, PAN). The petitioner asserts that all these primary documents record the date of birth as 10 August 1987, while the CBSE mark statement Ext.P1 wrongly shows 10 August 1988 due to a clerical error. The application for correction was processed by the 6th respondent (the school) and forwarded to the 5th respondent, who placed it before the 4th respondent. The 4th respondent rejected Ext.P11, invoking Amendment Examination Bye-laws Rule 69.2 which bars changes in the date of birth once recorded. The standing counsel for respondents contends that corrections of CBSE records are now governed by a scheme framed by the Supreme Court in Jigya Yadav v. CBSE, pending amendment of bye-laws, and that the petition should be considered under that scheme. The petitioner asserts that the Scheme recognizes genuine corrections based on documentary evidence and directs timely action. The court notes that the procedure for correction of DOB and name for candidates is governed by the Jigya Yadav judgment until amended bye-laws are notified. It disposes the petition, directing the 6th respondent to modify school records in line with Exts.P2–P6 and forward to the 4th respondent, who must consider and amend Ext.P1 in accordance with Jigya Yadav’s scheme within six weeks.

Provisions of Law Cited

Rule 69.2 of the Amended Examination Bye-laws

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext.P2–P6 establish 10.08.1987 as the date of birth and that Ext.P1’s 10.08.1988 is a clerical error. The correction was processed through CBSE channels; the 4th respondent rejected Ext.P11 invoking Rule 69.2, which prevents changes to the date of birth once recorded. The petitioner submits that Jigya Yadav v. CBSE (SC) provides a scheme for corrections that protects genuine documentary corrections and must govern the case until bye-laws are amended.

Contentions of Respondents

Respondents argue that changes to CBSE records must follow Rule 69.2, and extant byelaws block correction; however, they acknowledge Jigya Yadav's Scheme and contend corrections should be considered thereunder until the bye-laws are amended.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Jigya Yadav v. Central Board of Secondary Education	2021 (3) KLT 711 (SC)	Positive	Cited as authority for applying the Supreme Court scheme for corrections to CBSE records pending amendment of bye-laws.

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 11[TH] DAY OF JANUARY 2024 / 21ST POUSHA, 1945 WP(C) NO. 38025 OF 2023** ## **PETITIONER:** **AUGUSTINE ABRAHAM AGED 36 YEARS, S/O ABRAHAM, PANAYIL, VENGOLA WEST , VENGOLA, ERNAKULAM, PIN – 683556.** **BY ADVS. VARGHESE SABU V.JOHN MANI SETHULAKSHMI K.K. MEERA RAJAN VISHAL NAIR.A. ABHIRAMI C. UNNI** ## **RESPONDENTS:** - **1 UNION OF INDIA REPRESENTED BY SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, DR. RAJENDRA PRASAD ROAD, NEW RAJPATH AREA, CENTRAL SECRETARIAT, NEW DELHI, DELHI, PIN – 110001.** **2 CENTRAL BOARD OF SECONDARY EDUCATION REP. BY ITS CHARIMAN, (AN AUTONOMOUS ORGANIZATION UNDER THE MINISTRY OF HUMAN RESOURCES DEVELOPMENT), HEAD OFFICE, NO 2, SHIKSHA KENDRA COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, PIN – 110092.** - **3 THE CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF EXAMINATION, SHIKSHA KENDRA, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, PIN – 110301.** - **4 UNDER SECRETARY (M & M SECTION), CBSE REGIONAL OFFICE CHENNAI, OLD NO.1630 A, 6TH AVENUE, NEAR DEVI HOSPITAL,** :2: ## **W.P.(C)No.38025 of 2023** **BHARATHI COLONY, BHARATHI NAGAR, ANNA NAGAR, CHENNAI, TAMIL NADU, PIN – 600040.** **5 REGIONAL DIRECTOR REPRESENTED CTTC, ADMIN BLOCK, BSNL RTTC CAMPUS, KAIMANAM, THIRUVANANTHAPURAM, PIN – 695040.** **6 THE PRINCIPAL SAINT PETER'S SENIOR SECONDARY SCHOOL, KADAYIRUPPU, KOLENCHERY, ERNAKULAM, PIN – 682311.** **BY ADVS. SRI.NIRMAL S** **SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.38025 of 2023** **==> picture [14 x 9] intentionally omitted <==** ## **J U D G M E N T** Dated this the 11[th] day of January, 2024 The petitioner is before this Court seeking to quash Ext.P11 and to direct the respondents 3 and 4 to change / correct the date of birth of the petitioner in Ext.P1 as 10.08.1987 instead of 10.08.1988 in accordance with Exts.P2 to P6 as expeditiously as possible. 2. The petitioner states that in Ext.P2 Birth Certificate, the petitioner's date of birth is correctly shown as 10.08.1987. Ext.P3 Aadhaar Card also discloses the date of birth as 10.08.1987. Ext.P4 is a copy of the Passport of the petitioner, wherein also, the date of birth is recorded as 10.08.1987. Ext.P5 is an extract of Parish Baptism Register. Ext.P5 would also show that the date of birth of the petitioner is 10.08.1987. In Ext.P6 ## **W.P.(C)No.38025 of 2023** **==> picture [14 x 9] intentionally omitted <==** PAN Card also, the date of birth is correctly recorded as 10.08.1987. 3. Due to some mistake and omission, the date of birth of the petitioner was erroneously recorded as 10.08.1988 in the CBSE mark statement, a copy of which is produced as Ext.P1. The petitioner submitted application for correction of records through the 6[th] respondent-School. The 6[th] respondent forwarded the application to the 5[th] respondent. The 5[th] respondent placed the application before the 4[th] respondent and the 4[th] respondent has rejected the application as Ext.P11 order. 4. Counsel for the petitioner submits that the rejection as contained in Ext.P11 due to the reason that as per the Amended Examination Bye-laws, Rule 69.2 provides that no change in the date of birth once recorded in the Board's record shall be made. The 4[th] respondent also submitted that the School records submitted does not match with the corrections sought. ## **W.P.(C)No.38025 of 2023** **==> picture [14 x 9] intentionally omitted <==** 5. Standing Counsel entered appearance on behalf of respondents 2 to 5 and resisted the writ petition. On behalf of respondents 2 to 5, it is submitted that the application of the petitioner was processed and it was found that the desired correction of date of birth is not in consonance with the relevant documents of School records. Accordingly, taking into consideration Rule 69.2 of the Examination Bye-laws, the request of correction of date of birth has not been considered by the competent authority. 6. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the respondents. 7. Standing Counsel representing respondents 2 to 5 submitted that the correction of educational records issued by the CBSE is now governed by a Scheme framed by the Hon'ble Apex Court, contained in **Jigya Yadav v. Central Board of Secondary Education** [2021 (3) KLT 711 (SC)] until the bye- ## **W.P.(C)No.38025 of 2023** **==> picture [14 x 9] intentionally omitted <==** laws of the CBSE are amended. The respondents are bound to follow the Scheme provided by the Hon'ble Apex Court in **Jigya Yadav's** case (supra). 8. It is not disputed that the procedure / norms relating to the correction of date of birth and name of candidates and parents are governed by the judgment of the Hon'ble Apex Court in **Jigya Yadav v. Central Board of Secondary Education** (supra) till the amended bye-laws are notified by the CBSE. Therefore, the application for correction submitted by the petitioner will have to be considered in the light of the judgment of the Apex Court. Taking into consideration the facts of the case, the writ petition is disposed of directing the 6[th] respondent to effect necessary changes in the School records in tune with Exts.P2 to P6 and forward the same to the 4[th] respondent, who is the competent authority for correction of date of birth in CBSE ## **W.P.(C)No.38025 of 2023** **==> picture [14 x 9] intentionally omitted <==** records in so far as the petitioner is concerned. There will be a further direction to the 4[th] respondent that as and when the documents are received from the 6[th] respondent, the 4[th] respondent shall consider and effect necessary changes in the Ext.P1 Certificate in accordance with the Rules and Schemes contained in **Jigya Yadav's** case (supra) within a period of six weeks. Sd/- **N. NAGARESH JUDGE** ams ## **W.P.(C)No.38025 of 2023** :8: ## **APPENDIX OF WP(C) 38025/2023** |**PETITIONER EXHIBITS**|| |---|---| |**ExhibitP1**|**A TRUE COPY OF THE 10TH SECONDARY**| ||**SCHOOL CERTIFICATE ISSUED BY THE 3RD**| ||**RESPONDENT DATED 25/05/2004 WITH ROLL**| ||**NO. 4123250**| |**ExhibitP2**|**A TRUE COPY OF THE BIRTH CERTIFICATE**| ||**OF PETITIONER DATED 19/11/2022**| |**ExhibitP3**|**A TRUE COPY OF THE AADHAR CARD OF THE**| ||**PETITIONER**| |**ExhibitP4**|**A TRUE COPY OF THE PASSPORT OF THE**| ||**PETITIONER**| |**ExhibitP5**|**A TRUE COPY OF THE BAPTISM**| ||**CERTIFICATE OF THE PETITIONER DATED**| ||**01/11/2023**| |**ExhibitP6**|**A TRUE COPY OF THE PAN CARD OF THE**| ||**PETITIONER**| |**ExhibitP7**|**A TRUE COPY OF THE REPRESENTATION**| ||**DATED 24/11/2022 SUBMITTED BY THE**| ||**PETITIONER BEFORE THE 5TH RESPONDENT**| |**ExhibitP8**|**A TRUE COPY OF THE COVERING LETTER**| ||**DATED** **06/03/2023** **OF** **THE** **6TH**| ||**RESPONDENT TO 5TH RESPONDENT**| |**ExhibitP9**|**A TRUE COPY OF THE PRESCRIBED FORMAT**| ||**FOR CORRECTION IN DATE BIRTH**| ||**SUBMITTED BY THE 6TH RESPONDENT TO**| ||**5TH RESPONDENT**| |**ExhibitP10**|**A TRUE COPY OF THE REPRESENTATION**| ||**SUBMITTED BY THE PETITIONER BEFORE**| ||**THE SECTION OFFICER (M & M SECTION)**| ||**CBSE** **REGIONAL** **CHENNAI** **DATED**| ||**29/07/2023**| ## **W.P.(C)No.38025 of 2023** :9: **ExhibitP11 A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO 6TH RESPONDENT DATED 13/09/2023 ExhibitP12 A TRUE COPY OF THE RELEVANT PAGES OF AMENDMENT NOTIFICATION NO:CBSE/COORD/AS(C)/2017 DATED 01/02/2018**