High Court of KeralaSingle Judge2022-02-21Writ petition disposed of as above.

Govind S. v. Controller of Examinations, Central Board of Secondary Education (CBSE) & Others

Case / Petition Number:WP(C) NO. 29746 OF 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2022-02-21
Court Decision / Holding: The court observes that the petitioner’s request concerns a change in the DOB to align CBSE records with public documents and, following Jigya Yadav v. CBSE, may be entertained with conditions. It is directed that, on the petitioner filing a fresh application for change of date of birth through the third respondent school and complying with the requirements outlined by the Supreme Court in Jigya Yadav (affidavit, indemnity, fee, public notice, gazette publication, surrender of original certificate, and possible disclaimer), the fifth respondent CBSE Chennai shall consider the same in light of Jigya Yadav and dehors Ext. P9. The writ petition is disposed of accordingly, with the observation that delay is not fatal given the petitioner’s age, and the Board’s process should govern the change under the stated conditions.
Final Disposition: Writ petition disposed of as above.

Parties to the Case

Appellants / Petitioners

Govind S.

Respondents

Controller of Examinations, CBSE
Central Board of Secondary Education, Regional Office Chennai
The Principal, Sree Narayana Central School
The Regional Officer, Central Board of Secondary Education, Regional Office Thiruvananthapuram
The Regional Officer, Central Board of Secondary Education, Regional Office Chennai (Impleaded)

Legal Representation & Advocates

Counsels for Petitioners

• C. Rajendran
• B. Gopalakrishnan

Counsels for Respondents

• Nirmal S.

Case Synopsis & Summary

Govind S., a resident of Karunagapally in Kollam district, seeks correction of his date of birth in the CBSE records and in certificates issued by the CBSE. He asserts that his actual date of birth is 19.06.1988, but the records show 19.02.1989. He relies on Ext. P1 (birth certificate) and other documents, including Exts. P4 (Aadhaar), P5 (Voter ID), P6 (driving license) and P7 (PAN card), to substantiate the correct DOB. The petitioner completed his 10th standard in 2004, and states the error was noticed only recently during preparations for a foreign assignment. The petition contends that a student has the right to seek correction or change of particulars in CBSE school records and CBSE certificates, and that corrections or changes to align certificates with public documents should be entertained, per the Supreme Court in Jigya Yadav v. CBSE (2021) (SC). Jigya Yadav distinguishes between “corrections” (to harmonize with school records) and “changes” (when public documents differ or for name changes). In the present case, the issue falls under the category of “change” to align with public documents, and the legal presumption relating to public documents under the Indian Evidence Act, 1872 cannot be ignored. The Apex Court’s guidance allows reasonable conditions, such as an affidavit with indemnity, payment of administrative fees, public notice and gazette publication, surrender of the original certificate, and a new certificate with a disclaimer. The court notes the delay but accepts the petitioner’s explanation given his age and argues the petition should be entertained. Accordingly, it is ordered that on filing a fresh application for change of date of birth through the third respondent school, the additional fifth respondent shall consider the same in light of the Jigya Yadav judgment and dehors Ext. P9 dated 02.12.2021. Writ petition disposed of as above.

Provisions of Law Cited

Indian Evidence Act, 1872

Legal Doctrines & Maxims

Presumption in relation to public documents under the Indian Evidence Act, 1872
Classification of correction vs. change as laid down in Jigya Yadav v. CBSE (SC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that his correct date of birth is 19.06.1988; Ext P1 and other documents support the correct DOB and there is a discrepancy with the CBSE records (19.02.1989). He seeks correction/change of DOB to align CBSE school records with public documents, relying on Jigya Yadav v. CBSE (SC) which classifies corrections versus changes and allows changes to public-document-based entries with conditions. Though there is delay in filing, the petitioner argues this should be excused given his age, and requests the 3rd respondent school to entertain a fresh application and the 5th respondent CBSE to consider it under the Jigya Yadav framework, setting aside Ext P9.

Contentions of Respondents

The Board contends that the issue involves a change of particulars to align with public documents, requiring adherence to Jigya Yadav’s framework. It asserts the Board may impose reasonable conditions (affidavit/indemnity, payment of fees, public notice/gazette publication, surrender of the original certificate, and a possible disclaimer on the new certificate). The Board previously refused Ext P9. The respondents rely on the presumption in public documents under the Indian Evidence Act and emphasize following due process before altering CBSE certificates. They urge that the petition be disposed of with directions to file a fresh application and that the Board’s guidelines be satisfied before any change is effected.”},

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Jigya Yadav v. CBSE	2021 (3) KLT 711	Positive	The Kerala High Court explicitly relies on Jigya Yadav v. CBSE (SC) to classify the nature of the correction/change and to set forth the conditions under which such changes may be entertained.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **MONDAY, THE 21[ST] DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943** ## **WP(C) NO. 29746 OF 2021** ## **PETITIONER:** GOVIND S. AGED 32 YEARS S/O.SUKUMARAN PILLAI.R, GOMATHY MANDIRAM, PADA NORTH, KARUNAGAPALLY, KOLLAM DISTRICT-690518. BY ADVS. C.RAJENDRAN B.K.GOPALAKRISHNAN ## **RESPONDENTS:** 1 THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110301. R2 CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE CHENNAI, OLD NO.1630 A, 6TH AVENUE, 3, NEAR SRI DEVI HOSPITAL, BHARATHI NAGAR, ANNA NAGAR, CHENNAI, TAMIL NADU – 600040, REPRESENTED BY REGIONAL OFFICER CORRECTED AS PER I.A.NO.2 OF 2022 DATED 21/02/2022 3 THE PRINCIPAL, SREE NARAYANA CENTRAL SCHOOL, KAYAMKULAM.P.O, ALAPPUZHA DISTRICT-690502. R4 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE THIRUVANANTHAPURAM, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, KERALA – 695004 CORRECTED AS PER I.A.NO.2 OF 2022 DATED 21/02/2022 2 ## **WP(C) NO. 29746 OF 2021** ADDL.R5 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE CHENNAI, OLD NO.1630 A, 6TH AVENUE 3, NEAR SRI DEVI HOSPITAL, BHARATHI NAGAR, ANNA NAGAR, CHENNAI, TAMIL NADU – 600040 IMPLEADED AS PER I.A.NO.1 OF 2022 DATED 21/02/2022 BY ADV NIRMAL.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 **WP(C) NO. 29746 OF 2021** **J U D G M E N T** The request of the petitioner for correction of date of birth in the school records and the records of the Central Board of Secondary Education (CBSE), was refused to be entertained by the 3[rd] respondent as per Ext.P9 communication dated 02.12.2021. Aggrieved thereby, the petitioner has approached this Court. 2. Heard the learned counsel for the petitioner and Sri.Nirmal S., the learned standing counsel for the Board. Also perused the statement filed on behalf of the Board. 3. According to the petitioner, his date of birth is **19.06.1988** , but has been erroneously recorded in the school records as **19.02.1989** . The petitioner relies on Ext.P1 birth certificate issued by the Registrar of Births and Deaths, Bharanikkavu Grama Panchayath, Ext.P4 Aadhar Card, Ext.P5 Voter's ID, Ext.P6 Driving License and also Ext.P7 PAN Card to substantiate the same. 4 ## **WP(C) NO. 29746 OF 2021** 4. The petitioner completed his 10[th] standard in the year 2004. He seeks for correction of the school records only at this distance of time. According to the petitioner, the mistake was noticed only recently when preparations were being made for a foreign assignment. 5. The right of a student of the Board to seek for correction/change of the particulars in the school records and the certificates issued by the Board has been dealt with exhaustively by the Apex Court in _**Jigya Yadav v. CBSE [2021 (3) KLT 711**_ _**(SC)]**_ . The situations were divided into two categories namely, where “correction” is sought and, where “change” is sought. Under the category of “corrections” the Apex Court included cases where the certificates issued by the Board were required to be made consistent with the particulars mentioned in the school records. In the category of “change” of particulars, two situations were contemplated-firstly, where by the records of the Board provide particulars different from that provided in public documents like birth certificate, aadhar card, election card etc. and secondly, a case of request for change of name 5 ## **WP(C) NO. 29746 OF 2021** consequent to the acquisition of a name by choice at a later point of time. 6. In the case at hand, the issue involved relates to “change” of particulars in the certificate issued by the CBSE to make it consistent with public documents and hence would fall within the first classification, of the second category. With regard to the said cases, the Apex Court observed that the legal presumption in relation to public documents as envisaged in the Indian Evidence Act, 1872 cannot be ignored by the Board. It was accordingly held that, request for effecting such changes in the certificates issued by the Board, to make it in conformity with the public documents, could be entertained. It was further observed by the Apex Court that the Board is entitled to impose reasonable conditions while considering such request. The conditions observed by the Apex Court are:- (a) An affidavit containing a declaration and an undertaking to indemnify the Board. - (b) Payment of fee for administrative expenses. - (c) The Board may in a given case, depending on the facts, 6 ## **WP(C) NO. 29746 OF 2021** require effecting of public notice and publication in the official gazette. - (d) Require surrender of the original certificate. (e) A fresh certificate issued may contain disclaimer and caption/annotation against the original entry. (Except in respect of change of name effected in exercise of 'right to be forgotten'.) 7. While it is true that there has been delay on the part of the petitioner in seeking for the “change”, the explanation offered by the petitioner could be accepted especially considering his age. Hence, I am of the opinion that the petitioner's request is liable to be considered. 8. Accordingly it is ordered that, on the petitioner submitting a fresh application for change of date of birth through the third respondent school on complying with the requirements as above, then the additional fifth respondent shall consider the same in the light of the judgment of the Apex Court referred to supra and dehors Exhibit P9 communication dated 02.12.2021. 7 **WP(C) NO. 29746 OF 2021** Writ petition is disposed of as above. Sd/- **SATHISH NINAN JUDGE** rsr 8 **WP(C) NO. 29746 OF 2021** ## **APPENDIX OF WP(C) 29746/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|A TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE| ||ISSUED BY THE SECRETARY AND REGISTRAR OF| ||BIRTHS AND DEATHS OF BHARANIKKAVU GRAMA| ||PANCHAYATH DATED 06/08/2010| |Exhibit P2|A TRUE PHOTOCOPY OF THE SECONDARY SCHOOL| ||EXAMINATION CERTIFICATE ISSUED BY CONTROLLER| ||OF EXAMINATIONS, CBSE DATED 26/05/2004| |Exhibit P3|A TRUE PHOTOCOPY OF THE MARK LIST DATED| ||25/05/04 ISSUED BY THE CONTROLLER OF| ||EXAMINATIONS,CBSE| |Exhibit P4|A TRUE PHOTOCOPY OF THE AADHAR CARD ISSUED BY| ||THE UNIQUE IDENTIFICATION AUTORITY OF INDIA| |Exhibit P5|A TRUE COPY OF THE VOTER'S ID ISSUED BY THE| ||ELECTION COMMISSION OF INDIA DATED 26/03/2012| |Exhibit P6|A TRUE PHOTOCOPY OF THE DRIVING LICENSE DATED| ||03/09/2010.| |Exhibit P7|A TRUE PHOTOCOPY OF THE PAN CARD OF PETITIONER| ||ISSUED BY THE UNION OF INDIA| |Exhibit P8|A TRUE PHOTOCOPY OF THE REPRESENTATION DATED| ||02/12/2021 GIVEN TO THE 3RD RESPONDENT SCHOOL| |Exhibit P9|A TRUE PHOTOCOPY OF THE REPLY DATED 02/12/2021| ||BY THE PRINCIPAL OF THE 3RD RESPONDENT SCHOOL|