Deepak P.S. v. Central Board of Secondary Education Regional Office, Pattom; Joint Secretary and Regional Officer, CBSE Regional Office Pattom; Regional Officer, CBSE Chennai; The Principal, St. Peters Senior Secondary School

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY,THE 12TH DAY OF SEPTEMBER 2018 / 21ST BHADRA, 1940** # **WP(C).No. 29903 of 2018** ## **PETITIONER/S:** **DEEPAK P.S. AGED 25 YEARS S/O SIVANANDAN,PAREMMEL HOUSE, PATTIMATTOM P.O., ERNAKULAM -683562** **BY ADVS. V.RAJENDRAN PERUMBAVOOR GEORGE VARGHESE KIZHAKKAMBALAM RAJESH.N.** ## **RESPONDENT/S:** **1 THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE, II FLOOR, B-BLOCK, LIC DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM-695001 REPRESENTED BY ITS REGIONAL OFFICER. 2 THE JOINT SECRETARY AND REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, II FLOOR, B-BLOCK,LIC DIVISIONAL OFFICE, PATTOM, THIRUVANANTHAPURAM 695 001** **3 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, (REGIONAL OFFICE) NEW NO. 3, J BLOCK 16TH MAIN ROAD, ANNA NAGAR (WEST),CHENNAI 600 040 4 THE PRINCIPAL, ST.PETERS SENIOR SECONDARY SCHOOL KADAYIRIPPU, KOLENCHERRY - 682 311.** ## **OTHER PRESENT:** **BY ADV. S.NIRMAL,SC CBSE FOR R1 TO R3** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ALONG WITH W.P.(C)NO.29960/2018 ON 12.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.29903/2018 & 29960/2018 2 ## **JUDGMENT** **The grievances of the petitioners in these two Writ Petitions (Civil) are in relation to the refusal on the part of the respondent CBSE officer in correcting the date of birth of the respective petitioners in their CBSE records so as to be in consonance with the date of birth as entered in their respective statutory birth certificate, on the ground that the plea made by them is beyond the time period so permitted as per the CBSE norms.** **2. The prayer in W.P.(C)No.29903/2018 is as** ## **follows:** **“i. To issue a writ of mandamus or any other appropriate writ, order or direction,directing respondents 2 & 3 to correct the year of birth of the petitioner in his date of birth as “1993” instead of “1994” in Exhibit P2 immediately by taking note of the entries in Exhibits P1 & P4 to P7.”** **3. The prayers in W.P.(C)No.29960/2018 are as** ## **follows:** **“(i) To issue a writ of certiorari calling for the records leading to Exhibit P6 and to quash the same.** **(ii) Issue a writ of mandamus or any other writ order or direction directing the respondents to correct the date of birth of the petitioner as per Exhibit P1 Birth Certificate in the School records including Exhibit P2 Mark Statement forthwith”** W.P.(C)No.29903/2018 & 29960/2018 3 **3. Heard Sri. V. Rajendran (Perumbavoor), the learned counsel appearing for the petitioner in W.P.(C)No.29903/2018, Sri. M.M. Deepa, the learned counsel appearing for the petitioner in W.P. (C)No.29960/2018 and Sri. S. Nirmal, the learned Standing Counsel for the CBSE appearing for respondents 1 to 3 in W.P.(C)No.29903/2018 and respondent Nos.1 and 2 in W.P.(C)No.29960/2018. In the nature of the orders proposed to be passed in these Writ Petitions (Civil), notice to respondent No.4 (school)in W.P.(C)No.29903/2018 and respondent No.3 (school) in W.P.(C)No.29960/2018 will stand dispensed with.** **4. According to the petitioner in** **W.P.(C)NO.29903/2018, his date of birth has been correctly entered in Ext.P1 birth certificate as 28.9.1993 and that the said birth was registered with the Registrar of Births and Deaths on 6.10.1993. That inadvertently a mistake occurred while recording his date of birth in the school records at the time of his admission in the school and therein it erroneously shown as 28.9.1994 and the said mistaken erroneous** W.P.(C)No.29903/2018 & 29960/2018 4 **entry was also carried on in the CBSE records like Ext.P2 mark list. According to the petitioner, his father had submitted Ext.P3 representation dated 25.1.2011 before the 4[th] respondent school seeking correction of the date of birth in the school records so as to be in consonance with the said entry in the birth certificate. But that no further action was taken on that school certificate. However, the petitioner's date of birth as shown in Ext.P1 birth certificate has also been shown in other related documents like Ext.P4 (Election Commission of India Card), Ext.P5 (PAN Card issued by the Income Tax Department), Ext.P6 (driving licence issued by the State of Government), Ext.P7 (Aadhar Card issued by the Government of India), etc. The petitioner has been advised that the said mistaken entry in the school records and the CBSE records should be corrected so as to be in consonance with the entry in the birth certificate and for that purpose, he had submitted Ext.P8 petition dated 29.8.2018 before the 3[rd] respondent Regional Officer, CBSE, Chennai. The petitioner has now learnt that, as per the consistent** W.P.(C)No.29903/2018 & 29960/2018 5 **stand of the respondent CBSE authorities, they will refuse the said request as the request made in Ext.P8 is beyond the time limit prescribed by the CBSE norms for entertaining such correction.** **5. According to the petitioner in W.P.(C)No.29960/2018, his date of birth has been correctly shown in Ext.P1 certificate as 7.5.1992 and the birth has been registered on 12.05.1992 as per the provisions contained in the Registration of Births and Deaths Act and the Rules framed thereunder. But her date of birth was mistakenly shown in the school records, which was also reflected in CBSE records like Ext.P2 mark list, wherein her date of birth has been erroneously shown as 7.5.1993 and that her date of birth has been correctly shown as 7.5.1992 in other related documents like Ext.P3 (Aadhar Card), Ext.P4 (Election Commission of India Card, Ext.P5 (PAN Card issued by the Income Tax Department) etc. The petitioner had submitted request before the respondents for correction of date of birth to be in consonance with the entry in the birth certificate, which has now been rejected by Ext.P6 dated 15.5.2018** W.P.(C)No.29903/2018 & 29960/2018 6 **issued by the 2[nd] respondent Regional Officer, CBSE, Chennai, on the ground that the plea made by the petitioner for such correction is beyond the time limit stipulated in that regard by the CBSE norms.** **6. From a perusal of pleadings and materials on record, it can be seen that the date of birth of the petitioner in W.P.(C) No. 29903/2018 has been shown in Ext.P1 as 28.9.1993 and further perusal of Ext.P1 birth certificate would show that the birth was registered on 6.10.1993. If as a matter of fact, the petitioner was actually born on 28.9.1994, then it cannot have been possible to get his birth registered on a prior date viz, 6.10.1993. That aspect of the matter itself shows the credence and reliability of the entry in Ext.P1 and so the entry in Ext.P2 mark list etc. could have been only wrong. Further,the entry in a statutory birth certificate like Ext.P1 has the force of statutory presumption. So also the birth of the petitioner in W.P.(C)No.29960/2018 has been duly entered as 7.5.1992 in Ext.P1 birth certificate, which has been registered on 12.05.1992. Hence, if the petitioner therein was actually born on** W.P.(C)No.29903/2018 & 29960/2018 7 **7.5.1993 as shown in the school records, then it may** **not have been possible to register her birth on earlier date, viz., 12.5.1992.** **7. The main aspect that stands in the way of the pleas of the petitioners is the norms stipulated by the CBSE regarding the time line for submission of such request for correction. From the pleadings in W.P.(C)No.29903/2018, it appears that the petitioner therein had made Ext.P3 petition dated 25.1.2011 before the respective school authority concerned for corrections of his date of birth which has gone unattended.** **8. The Division Bench of this Court in the decision in** _**Subin Mohammed**_ **v.** _**Union of India**_ **, reported in 2016 (1) KLT 340, has 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 school and CBSE records, 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** W.P.(C)No.29903/2018 & 29960/2018 8 **into consideration the extenuating aspects that future prospects of the 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.** W.P.(C)No.29903/2018 & 29960/2018 9 **(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.”** **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 school and CBSE records.** **9. Accordingly, taking into account these** **aspects, it is ordered that the matter requires serious consideration afresh at the hands of the** W.P.(C)No.29903/2018 & 29960/2018 10 **respondents. However, this would be subject to the condition that the petitioners in these cases should pay cost of Rs.5,000/- (Rupees five thousand only) to the respondent Regional Officer, CBSE, Chennai and such payment of cost shall be paid by way of demand draft favouring the said Officer and the demand draft should be forwarded by the petitioners along with their application for correction of date of birth in the CBSE record and with the certified copy of this judgment to the respondent Regional Officer, Chennai within two weeks from the date of production of a certified copy of this judgment. Further, it is ordered that the impugned Ext.P6 order in W.P.(C)No.29960/2018 will stand quashed. The refusal on the part of the respondent Regional Officer, CBSE, Chennai in W.P.(C)No.29903/2018 is also liable to be interdicted. The petitioners will make available photocopies of the above said demand drafts to the Principal of the respondent school authority concerned along with a request for correction of date of birth in the school records so as to be in consonance with the respective birth certificate of the respective** W.P.(C)No.29903/2018 & 29960/2018 11 **petitioner. Subject to payment of costs as aforesaid, it is ordered that the respondent school authority concerned will then make necessary changes in the school records so as to be in consonance with the entry of the date of birth of the respective petitioner as shown in their respective birth certificates and then forward the details of the same to the respondent Regional Officer, CBSE,Chennai, who will then ensure that the date of birth of the respective petitioner as shown in the CBSE records like mark list, Pass certificate etc. are corrected so as to be in consonance with the entry of the date of birth as shown in the birth certificate. Action in this regard should be duly completed by the respondents within two months from the date of production of a certified copy of this judgment.** **With these observations and directions, the above Writ Petitions (Civil) will stand finally disposed of.** Sd/- ## **ALEXANDER THOMAS, JUDGE.** acd W.P.(C)No.29903/2018 & 29960/2018 12 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF BIRTH CERTIFICATE OF THE PETITIONER ISSUED BY REGISTRAR OF BIRTH AND DEATH, KOTHAMANGALAM MUNICIPALITY BEARING NO. 23664 DATED 25-1-2011** **EXHIBIT P2 TRUE COPY OF CERTIFICATE OF CONTINUOUS AND COMPREHENSIVE EVALUATION BEARING SERIAL NO. SSE/2011 1153779 DATED 31-52011 ISSUED BY CONTROLLER OF EXAMINATIONS.** - **EXHIBIT P3 TRUE COPY OF PETITION FILED BY THE FATHER OF THE PETITIONER BEFORE THE 4TH RESPONDENT ON 25-1-2011** - **EXHIBIT P4 TRUE COPY OF ELECTION I.D CARD OF THE PETITIONER BEARING NO. XXFO548073 ISSUED BY THE ELECTION COMMISSION OF INDIA TO THE PETITIONER** - **EXHIBIT P5 TRUE COPY OF PAN CARD OF THE PETITIONER BEARING NO. ENGPD 4048L ISSUED BY INCOME TAX DEPARTMENT TO THE PETITIONER** - **EXHIBIT P6 TRUE COPY OF DRIVING LICENCE BEARING NO. 40/7561/2013 DATED 8-10-2013 ISSUED BY THE ASSISTANT LICENCING AUTHORITY OF PERUMBAVOOR TO THE PETITIONER** - **EXHIBIT P7 TRUE COPY OF AADHAR CARD BEARING NO. 4534 8277 8681 ISSUED BY THE GOVERNMENT OF INDIA TO THE PETITIONER** - **EXHIBIT P8 TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 29-08-2018** TRUE COPY P.S. TO JUDGE.