Fazil Abdulla K v Central Board of Secondary Education and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY,THE 29TH DAY OF AUGUST 2018 / 7TH BHADRA, 1940** ## **WP(C).No. 28450 of 2018** ## **PETITIONER/S:** **FAZIL ABDULLA K, AGED 27 YEARS, S/O.ABDULLA A.P. FASEENA MANZIL, ALLAMKULAM, TALIPARAMBA KANNUR DISTRICT, PIN 670 141.** ## **BY ADV. SUNIL NAIR PALAKKAT** ## **RESPONDENT/S:** |**1**|**THE CENTRAL BOARD OF SECONDARY EDUCATION**| |---|---| ||**REP BY ITS CHAIRMAN, SIKSHA KENDRA, 2. COMMUNITY**| ||**CENTRE, PREETH VIHAR, NEW DELHI-110092.**| |**2**|**THE REGIONAL OFFICER,**| ||**CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE,**| ||**3-J, 16TH MAIN ROAD, ANNA NAGAR WEST, CHANNAI.**| ||**600040**| |**3**|**THE PRINCIPAL,**| ||**AL-MAQUAR ENGLISH MEDIUM SCHOOL, THALIAPARAMBA, KANNUR**| ||**DISTRICT. PIN 670141**| ||**BY ADV. SRI.NIRMAL S., SC, CBSE FOR R1 AND R2**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.08.2018, ALONG WITH WPC 28467/18 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **ALEXANDER THOMAS, J.** ================== W.P.(C).Nos.28467/2018 & 28450/2018 ================== Dated this the 29[th] day of August, 2018 **J U D G M E N T** As the prayers in both the above Writ Petitions pertain to correction of the date of birth as entered in the CBSE records, these cases are disposed of on the basis of a common judgment. 2. The prayers in W.P.(C).No. 28467/2018 are as follows: - _“i. To call for the records which lead to the issuance of Ext.P-3 and issue a writ of certiorari or any other appropriate writ, order or direction quashing the same;_ - _ii) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding and compelling the 1[st] respondent to correct the date of birth of the petitioner in the school register, as recorded in Ext.P-1 birth certificate as “21.11.1985”_ - _iii) Issue such other order or direction as this Hon'ble Court may deem fit and proper to grant, in the facts and circumstances of the case.”_ The prayers in W.P.(C).No. 28450/2018 are as follows: - _“i. Issue a writ of mandamus or other appropriate writ order or direction commanding respondents 1 and 2 to correct the date of the petitioner from 14.04.1991 to 13.04.1991 in the school records as sought for in Ext.P-3._ - _ii. Issue appropriate order or direction, as this Hon'ble Court may deem fit and proper from time to time for this petitioner to attain the ends of justice.”_ 3. Heard Sri.Mathew James, learned counsel appearing for the petitioner in W.P.(C).No.28467/2018, Sri.Sunil Nair Palakkat, learned counsel appearing for the petitioner in W.P.(C).No. 28450/ 2018, Sri.S.Nirmal, learned Standing Counsel for the CBSE _W.P.(C).28450/18& cc_ - : 3 :- appearing for R-1 and R-2 in both the W.P.(C). In the nature of the order that is proposed to be passed in this petition, notice to the R-3 school in these cases will stand dispensed with. 4. The date of birth of the petitioner in W.P.(C).No.28467/ 2018 has been entered in Ext.P-1 birth certificate issued by the statutory Registrar of Births and Deaths as per the provisions contained in the Registration of Births and Deaths Act and the rules framed thereunder, as 21.11.1985 and the birth has been so registered on 23.11.1985, as can be seen from Ext.P-1 produced herein. According to the petitioner, her date of birth is erroneously shown as “21.5.1986” in the school records, which led to the entry of the said date as her birth in Ext.P-2 mark list issued by the CBSE. The petitioner in W.P.(C).No.28467/2018 is now an Ayurveda doctor by profession and she has been advised that the date of birth shown in the school records and the CBSE records should be in consonance with the entry in that regard as shown in Ext.P-1 statutory birth certificate and thereupon, she had filed an application for correction of date of birth before the respondents, which has now been rejected by the 1[st] respondent Regional Officer of the CBSE as per the impugned Ext.P-3 order dated 31.7.2018 on the ground that her request for correction of date of birth in the CBSE records cannot be _W.P.(C).28450/18& cc_ - : 4 :- entertained as it is now time barred, going by the norms of the respondent CBSE. 5. The date of birth of the petitioner in W.P.(C).No. 28450/ 2018 has been duly entered in Ext.P-2 birth register as 13.4.1991 as per the provisions contained in the Registration of Births and Deaths Act and the rules framed thereunder. That however, his date of birth was wrongly shown in the school records as “14.4.1991”. The difference in that regard is only one day. The petitioner the said W.P. (C). has also been advised to take steps for correction of the date of birth in the CBSE records, upon which he had Ext.P-3 petition dated 13.6.2018 before the 2[nd] respondent Regional Officer, CBSE, which has now been rejected as per the impugned Ext.P-4 order dated 31.7.2018 on the ground that the belated request for correction of date of birth cannot be entertained as it is time barred. 6. A Division Bench of this Court in judgment 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 for direction in the matter of correction of date of birth in CBSE records that it is always open for the Court to pass appropriate orders taking into account the facts and circumstances of each case and taking into consideration the aspect that future _W.P.(C).28450/18& cc_ - : 5 :- prospects of the candidates 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 of this Court in _**Subin Mohammed's case**_ supra has issued the following directions in paras 39 & 41 thereof, 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._ _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._ - _(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.”_ 7. This Court in the judgment dated 29.8.2017 in W.P. (C).No. 20661/2017 has also issued directions as in para 4 thereof, which reads as follows: _“4. Having regard to the facts and circumstances of the case,_ _W.P.(C).28450/18& cc_ - : 6 :- _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.”_ 8. Taking into consideration the directions issued by the Division Bench in _**Subin Mohammed's case**_ supra as well as the directions issued by this Court in the judgment dated 29.8.2017 in W.P.(C).No. 20661/2017 and many other cases, it is ordered that the matter requires reconsideration at the hands of the respondent Regional Officer, CBSE, Chennai. To facilitate such remit, it is ordered that the impugned Ext.P-3 in W.P.(C).No. 28467/2018 and Ext.P-4 in W.P.(C).No.28450/2018 will stand set aside. The petitioners may file appropriate applications before the respondent school authorities concerned for correction of the date of birth in the school records, based on the entries in the birth certificates issued under the provisions of the Births & Deaths Act and the respondent school authorities will ensure that the entries regarding the date of birth of the respective petitioners are corrected in the school records based on the entry in the birth certificate and matter may be forwarded to the respondent Regional Officer, CBSE, Chennai, to _W.P.(C).28450/18& cc_ - : 7 :- ensure that consequential corrections are also carried out regarding the date of birth as entered in the CBSE records like marklist etc. However, it is ordered that the petitioners should pay cost of Rs.5,000/- (rupees five thousand) each to the respondent Regional Officer, CBSE, Chennai by demand draft and the petitioners will ensure that the respective demand drafts are forwarded with certified copies of this judgment to the respondent Regional Officer, CBSE, Chennai, without much delay, preferably ten days from the date notified for receiving certified copy of this judgment. The petitioners would also produce certified copies of the judgment along with photocopies of the aforesaid Demand Drafts before the respondent school authorities concerned for compliance with the abovesaid directions. The process in that regard should be completed by the respondent school authority concerned and the respondent Regional Officer, CBSE, so as to ensure that the date of birth of the respective petitioners as entered in the school records and the CBSE records like marklist etc. are duly corrected so as to be in consonance with the relevant entry regarding the date of birth as shown in the birth certificate issued by the Registrar of Births and Deaths, within two months from the date of production of a certified copy of this judgment. However, it is made clear that if the petitioners do not pay _W.P.(C).28450/18& cc_ - : 8 :- the cost as directed above, then the abovesaid directions will stand automatically vacated without any further orders from this Court. With these observations and directions, the above Writ Petitions (Civil) stand finally disposed of. sdk+ Sd/- **ALEXANDER THOMAS, JUDGE** _W.P.(C).28450/18& cc_ - : 9 :- ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **COPY OF THE CERTIFICATE DTD.28.5.2007 OF TE SECONDARY SCHOOL EXAMINATION, 2007 ISSUED BY THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION TO THE PETITIONER.** **EXHIBIT P2** **TRUE COPY OF THE BIRTH CERTIFICATE DATED 27.3.2007 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, KODIYATHUR GRAMA PANCHAYATH.** **EXHIBIT P3** **TRUE COPY OF THE REPRESENTATION DATED 13.6.2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT TO CORRECT THE DATE OF BIRTH FOR THE PETITIONER.** **EXHIBIT P4** **TRUE COPY OF THE REPLY LETTER DATED 31.7.2018 ISSUED BY THE 2ND RESPONDENT.**