Gini N. Satheesh v Union of India and others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940** **WP(C).No. 23782 of 2018** **------------------------** ## **PETITIONER** ## **-----------** **GINI.N.SATHEESH, AGED 25 YEARS, D/O.SATHEESH N., NEYITTARUPARAMBIL, KUNTHIRICKAL P.O., THALAVADY, ALAPPUZHA DISTRICT.** **BY ADVS.SRI.MVS.NAMBOOTHIRY SRI.ROHIT C.OOMMEN** ## **RESPONDENT(S):** ## **---------------** **1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, (SCHOOL EDUCATION AND LIBRARY), MINISTRY OF HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF INDIA, NEW DELHI.** ## **2. THE CHAIRMAN,** **CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA - 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI - 110 092.** **3. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE - 1630 A, 16TH MAIN ROAD, ANNA NAGAR WEST,CHENNAI - 600 040.** ## **4. THE PRINCIPAL,** **HOLY ANGLES SENIOR SECONDARY SCHOOL, EDATHUA P.O. - 689 573,ALAPPUZHA DISTRICT.** **R1 BY ADVS SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SRI.TULASI PANICKER, CGC R2,R3 BY SRI.NIRMAL S., SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **K.V.** **WP(C).No. 23782 of 2018 (W) ---------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS -----------------------** **EXHIBIT P1. TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH AT THAKAZHI GRAMA PANCHAYATH. EXHIBIT P2. TRUE COPY OF THE AADHAR CARD. EXHIBIT P3. TRUE COPY OF THE PASSPORT. EXHIBIT P4. TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED BY THE PRINCIPAL OF HOLY ANGLES SENIOR SECONDARY SCHOOL. EXHIBIT P5. TRUE COPY OF THE EXTRACT OF ADMISSION REGISTER. EXHIBIT P6. TRUE COPY OF THE LOC OF THE 10TH EXAMINATION IN WHICH THE SCHOOL AUTHORITY CORRECTLY SHOWN THE DATE OF BIRTH OF THE PETITIONER AS 12.10.1992. EXHIBIT P7. TRUE COPY OF THE CERTIFICATE ISSUED BY THE CBSE IN WHICH THE DATE OF BIRTH OF THE PETITIONER IS STILL SHOWN AS 11.10.1993 INSTEAD OF 12.10.1992. EXHIBIT P8. TRUE COPY OF THE MARK LIST WHEREIN ALSO THE DATE OF BIRTH OF THE PETITIONER IS INCORRECTLY NOTED AS 11.10.1993. EXHIBIT P9. TRUE COPY OF THE LETTER ISSUED BY THE PRINCIPAL TO THE CHAIRMAN OF THE CBSE DATED 27.02.2018. EXHIBIT P10. TRUE COPY OF THE LETTER ISSUED BY THE SECTION OFFICER REJECTING THE APPLICATION FOR CORRECTION. RESPONDENTS EXHIBITS: NIL --------------------/TRUE COPY/ K.V. P.S.TO JUDGE 24.07.2018** **ALEXANDER THOMAS, J. ------------------------------------------W.P.(C)No.23782 of 2018 --------------------------------------------Dated this the 17[th] day of July, 2018** ## **JUDGMENT** The case of the petitioner is that she was born on 12.10.1992 and her date of birth has been correctly shown as 12.10.1992 in Ext.P1 birth certificate issued by the Registrar of Birth and Death, Ext.P2 Aadhar card, Ext.P3 passport, Ext.P4 transfer certificate issued by the school concerned and Ext.P5 admission register, however in CBSE school certificate, her date of birth has been erroneously shown as 11.10.1993, as is discernible from Exts.P7 and P8 certificates issued by the 2[nd] and the 3[rd] respondents-CBSE Authorities. That the petitioner had approached the 4[th] respondent-the Principal of the school concerned requesting to effect correction of the date of birth in Exts.P7 and P8. But the said request has been rejected as per the impugned Ext.P10 letter dated 11.6.2018, on the ground that the application is belated. The petitioner's submission is that as her date of birth is mistakenly shown as 11.10.1993 instead of 12.10.1992 in the CBSE records, she will have difficulties when she goes abroad for employment purposes, etc. It is in the light of these factual averments that the petitioner has filed this writ petition with the following prayers:- W.P.(C)No.23782 of 2018 ..2.. “ _i) To declare that Exhibit P-10 letter has been issued arbitrarily and illegally and hence the same is unsustainable._ _ii) To issue a writ in the nature of Mandamus or any other appropriate writ, order or direction, directing the respondents 2 and 3 to correct the date of birth of the petitioner as 12.10.1992 in the Mark List and the Pass Certificate of the petitioner._ _iii) To issue a writ, order or direction, directing the respondents 2 and 3 to issue to the petitioner a fresh Pass Certificate and Mark List showing her date of birth as 12.10.1992, within a short time._ _iv)To mould and grant such other writ, order or direction which this Hon'ble Court may deem necessary to meet the ends of justice.”_ 2. Heard Sri.M.V.S.Nampoothiry, learned counsel appearing for the writ petitioner, Sri.S.Nirmal, learned Standing Counsel appearing for respondents 2 and 3-CBSE and Sri.N.Nagaresh, learned Assistant Solicitor General appearing for respondent No.1-Union of India. In the nature of orders proposed to be passed in this writ petition notice to respondent No.4-school will stand dispensed with. 3. It is the case of the respondent-CBSE Authorities that request for correction of the date of birth as entered in the CBSE records could be entertained by them only if a proper request is made by the aggrieved person within a period of five years from the date of issuance of the certificates/records. In the instant case Ext.P7 has been issued on W.P.(C)No.23782 of 2018 **==> picture [17 x 9] intentionally omitted <==** 26.5.2009, the permissible period has expired long back in as much as the petitioner has preferred the request through Ext.P9 only on 27.2.2018. It has been held by a Division Bench of this Court in the judgment in the case of **Subin Mohammed v. Union of India [2016** **(1) KLT 340 (DB)]** , more particularly in paras.39 and 41 thereof that while considering a petition under Article 226 of the Constitution of India, it is always open to the Court to pass appropriate orders taking into account the facts and circumstances of each case and taking into consideration the aspect that future prospects of the candidates to study abroad or to get employment abroad will be prejudicially affected if the entry of date of birth in the mark sheet does not tally with that entered in the birth certificate issued by the statutory Registrar of Birth and Death. Accordingly the Division Bench in **Subin Mohammed** 's case (supra) has issued the following directions in paras.39 and 41 thereof which reads 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_ W.P.(C)No.23782 of 2018 ..4.. _circumstances of each case. However, if disputed questions of fact arises, it will not be appropriate for this Court to entertain the matter._ _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._ 4. This Court in the judgment dated 29.8.2017 in W.P. (C)No.20661 of 2017 has also 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:_ W.P.(C)No.23782 of 2018 ..5.. _(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.”_ 5. Now it is not in dispute that, the Registrar of Birth and Death, issued as the provisions contained in the Registration of Birth and Death Acts and Rules framed thereunder, has entered the date of birth of the petitioner as 12.10.1992 and this is on the basis of the registration effected by that Registrar as early as on 13.10.1992. These aspects are clear from a mere reading of Ext.P1 Birth Certificate issued by the statutory Registrar. All the other documents as in Ext.P2 Aadhar card, Ext.P3 passport, Ext.P4 transfer certificate, etc. would also show that the petitioner's date of birth is 12.10.1992. Therefore it is clear that the date of birth of the petitioner as entered in Exts.P7 and P8 CBSE certificates as 11.10.1993 is obviously a mistake. The correctness of the date of birth as 12.10.1992 is all the more fortified in as much as the said entry has been made in the statutory birth register on the basis of the registration to that effect made as early as on 13.10.1992. W.P.(C)No.23782 of 2018 ..6.. 6. It is submitted by the petitioner that necessary correction of the date of birth has already been effected in the 4[th] respondent school records as can be seen from Exts.P4 and P5. 7. Accordingly it is ordered that the following directions and orders are passed:- 1. The impugned rejection order at Ext.P10 will stand set aside and the matter will stand remitted to the 3[rd] respondent for consideration of the matter afresh. 2. The petitioner will make available attested photo copy of Ext.P1 birth certificate issued by the Registrar of Birth and Death and Exts.P2 to P5 along with a certified copy of this judgment before the 3[rd] respondent-Regional Officer **,** CBSE, Chennai. 3. Upon receipt of the aforesaid documents, the competent authority of the 3[rd] respondent-CBSE will take steps for carrying out correction of the date of birth as now presently shown in Exts.P7 and P8 mark list by correctly showing the date of birth as 12.10.1992 and the corrected certificate should be issued to the petitioner within six W.P.(C)No.23782 of 2018 **==> picture [16 x 8] intentionally omitted <==** weeks from the date of production of a certified copy of this judgment. However this will be subject to the condition that the petitioner shall pay a cost of Rs.5,000/-, for the belated approach in seeking correction. With these observations and directions this writ petition (civil) will stand finally disposed of. Sd/- **ALEXANDER THOMAS, JUDGE** skj