Besty Baby v. Central Board of Secondary Education & Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940** ## **WP(C).No. 4277 of 2019** ## **PETITIONER:** **BESTY BABY, AGED 26, D/O.BABY, MURIMATTATHIL HOUSE, VELAMCODE.P.O., KODANCHERRY (VIA), KOZHIKODE DISTRICT, PIN-673580.** **BY ADV. SRI.AJITH KRISHNAN** ## **RESPONDENTS:** **1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, HEAD OFFICE NO.2, SHIKSHA KENDRA COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110092. 2 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600040. 3 THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, PALAYAD NADA.P.O., VADAKARA, KOZHIKODE DISTRICT, KERALA, PIN-673521. BY ADV. SRI.NIRMAL S., SC, CBSE SRI.MILLU DANDAPANI, SC FOR R3** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## ALEXANDER THOMAS, J. ---------------------------------W.P.(C)No. 4277 of 2019 ---------------------------------Dated this the 13[th] day of February, 2019 ## J U D G M E N T The petitioner is aggrieved by the refusal on the part of the respondents in making necessary corrections with regard to her date of birth as entered in the school and CBSE records so as to be in tune with the entry of date of birth as certified in Ext.P-3 statutory birth certificate issued under the enabling provisions contained in the Registration of Births & Deaths Act, 1969. The prayers in the above Writ Petition (Civil) are as follows: - _“i. Issue a writ of mandamus commanding 1[st] and 2[nd] respondents to correct the date of birth of petitioner as 26-10-1992 and to issue corrected certificate of All India Secondary School Examination 2009 and mark lists to the petitioner immediately._ - _ii. Grant such other reliefs as ther Hon'ble Court may deem fit and proper in the facts and circumstances of the case.”_ 2. Heard Sri.Ajithkrishnan, learned counsel appearing for the petitioner, Sri.S.Nirmal, learned Standing Counsel for the CBSE, appearing for R-1 and R-2 and Sri.Millu Dandapani, learned Standing Counsel for Navodaya Vidyalaya, appearing for R-3. W.P.(C).No.4277/2019 **==> picture [19 x 9] intentionally omitted <==** 3. According to the petitioner, her date of birth has been correctly shown and certified in Ext.P-3 statutory birth certificate as “ _26.10.1992_ ” and the said birth has been so registered thereby on 27.10.1992. The petitioner was admitted in the 1[st] Standard in St.George's Higher Secondary School, Velamcode and at the time of admission, her date of birth was wrongly entered in the admission register of that school as 26.10.1993. She changed her school and got transferred to the 3[rd] respondent School which is running under the 1[st] respondent on the basis of the Transfer Certificate issued by the Head Mistress, St.George's Higher Secondary School, Velamcode and the said mistake had repeated while entering her date of birth in the 3[rd] respondent school records at the time of her admission in the 3[rd] respondent school, whereby it was erroneously shown as “ _26.10.1993_ ” and correspondingly, the said mistakes had also been repeated in the respondent CBSE records like Ext.P-1 pass certificate, Ext.P-2 mark list etc. The petitioner was advised that if the said mistakes in the school and CBSE records are not corrected, it might create unnecessary hurdles and difficulties for her while pursuing W.P.(C).No.4277/2019 **==> picture [19 x 9] intentionally omitted <==** academic studies and employment opportunities abroad, etc. Based on Ext.P-3 statutory Birth Certificate, the Headmistress, St.George's Higher Secondary School, Velamcode issued Ext.P-4 admission extract correcting her date of birth as " _26.10.1992"._ Therefore based on Ext.P-3 statutory Birth Certificate and Ext.P-4 admission extract, the petitioner had submitted application before the 3[rd] respondent School praying for correction of the date of birth in the CBSE records like Ext.P-1 pass certificate, Ext.P-2 mark list etc so as to be in tune with the entry of date of birth as shown in Ext.P-3 statutory birth certificate, etc. 4. From a perusal of the pleadings and materials on record, it can be seen that the date of birth of the petitioner has been certified in Ext.P-3 birth certificate as “26.10.1992” and the birth has been so registered on 27.10.1992. If, as a matter of fact, the date of birth of the petitioner as shown in the CBSE and school records like Exts.P-1 & P-2 as 26.10.1993 had been correct, then certainly it would have been virtually impossible to get her birth registered as per Ext.P-3 on 27.10.1992, which is prior to the date of birth as shown in Exts.P-1 & P-2. This factual aspect alone would W.P.(C).No.4277/2019 **==> picture [18 x 9] intentionally omitted <==** give credence and reliability to the date of birth as certified in Ext.P-3 birth certificate. Moreover, the entry of date of birth in a statutory birth certificate like Ext.P-3 will have the force of statutory presumption about its correctness. What now stands in the way is essentially the time line laid down by the respondent CBSE authorities regarding the time limit within which such application for correction could be entertained, etc. Moreover, as per the procedure, it is for the petitioner to make the application before the 3[rd] respondent school authorities to initially get the date of birth corrected in the school records and then to get it forwarded to the 2[nd] respondent Regional Officer, CBSE for consequential correction in the CBSE records like Exts.P-1, P-2, etc. 5. The matter in issue is fully covered by the Division Bench judgment of this Court in _**Subin Mohammed**_ v. _**Union of India**_ , reported in _**2016 (1) KLT 340**_ **,** wherein the following directions have been in paras 39 and 41 thereof: _“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_ W.P.(C).No.4277/2019 ..6.. _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 ther Court to entertain the matter._ ## _40. xxx xxx xxx_ _41. Hence, to meet the ends of justice, it will be appropriate for ther 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._ ” ## 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 ther judgment._ W.P.(C).No.4277/2019 **==> picture [18 x 9] intentionally omitted <==** _(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.”_ 6. 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 that the matter requires consideration afresh at the hands of the respondents. Accordingly, the following directions are issued: - _(i) The petitioner will pay cost of Rs. 5,000/- (Rupees five thousand only) by way of demand draft to the 2[nd] respondent Regional Officer, CBSE, Chennai within two weeks and will produce the said demand draft along with an application seeking correction of the date of birth in the CBSE records based on the entry of date of birth in Ext.P-3 statutory birth certificate._ - _(ii) The petitioner shall file a separate application for correction of date of birth to the 3[rd] respondent school along with supporting documents and a photocopy of the said demand draft evidencing payment of cost of Rs.5,000/- to the 2[nd] respondent, should also be produced before the 3[rd] respondent school._ - _(iii) Upon receipt of such application along with supporting documents as aforestated, the Principal of the 3[rd] respondent school will take necessary steps for correction of the date of birth in the school records so as to be in tune with the entry of date of birth in Ext.P-3 birth certificate and communicate the details of such correction in the_ W.P.(C).No.4277/2019 ..8.. _school records to the 2[nd] respondent Regional Officer of the CBSE at Chennai._ - _(iv) After receipt of the abovesaid communication from the 3[rd] respondent school, the 2[nd] respondent Regional Officer CBSE will take necessary steps for correction of date of birth in the CBSE records as in Ext.P-1 pass certificate, Ext.P-2 mark list, etc. so as to be in tune with the entry of date of birth in Ext.P-3 birth certificate._ - _(v) The entire process in this regard should be duly completed by 1[st] and 2[nd] respondents without much delay, preferably within a period of 2 months from the date of production of a certified copy of this judgment._ - _(vi) The abovesaid directions are subject to the specific condition that the petitioner should pay cost to the 2[nd] respondent Regional Officer, CBSE, as directed above, failing which the abovesaid directions will stand automatically vacated without any further orders from this Court._ With these observations and directions, the above Writ ## Petition (Civil) stands finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG W.P.(C).No.4277/2019 ..9.. ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PASS CERTIFICATE DATED 26.5.2009 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MARK LIST DATED 26.5.2009 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE DATED 14.5.2007, ISSUED BY THE SULTHAN BATHERY GRAMA PANCHAYATH. EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE HEADMISTRESS, ST.GEORGE HIGHER SECONDARY SCHOOL VELAMCODE. EXHIBIT P5 TRUE COPY OF THE FORWARDING LETTER, DATED 30.1.2019, ISSUED BY 3RD RESPONDENT.**