Jacob Yan A.J and Sheon Shylan A.J v. Central Board of Secondary Education and its Regional Officer, Regional Office Thiruvananthapuram, and Principal, Arooja Little Star School, Kochi

WP(C) NO. 681 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 12[TH] DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 WP(C) NO. 681 OF 2023** ## **PETITIONER/S:** 1 JACOB YAN A.J AGED 18 YEARS S/O. JOHN ROSHAN A.J, ATHIPOZHI HOUSE, SAUDI, MUNDAMVELI P.O. KOCHI, PIN - 682507 2 SHEON SHYLAN AGED 18 YEARS S/O. SHYLAN FRANCIS, ARAKKAL HOUSE, 25/470 B, ST. JOSEPH COVENT ROAD, CHULLICKAL, KOCHI, PIN - 682002 BY ADV G.KRISHNAKUMAR ## **RESPONDENT/S:** 1 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI, REPRESENTED BY ITS SECRETARY, PIN - 110092 2 CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI, PIN - 110092 3 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, THIRUVANANATHAPURAM BSNAL, RTTC CAMPUS KAINMANAM, THIRUVANANTHAPURAM, PIN - 695040 WP(C) NO. 681 OF 2023 2 4 PRINCIPAL AROOJA LITTLE STAR SCHOOL, MOOLAMKUZHI, COHIN, PIN - 682002 BY ADV Nirmal S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 681 OF 2023 3 ## **P.V.KUNHIKRISHNAN, J ---------------------------------W.P.(C.) No. 681 of 2023 ---------------------------------Dated this the 12[th] day of June, 2023** ## **JUDGMENT** ## The above writ petition is filed with following prayers : _(i) “Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3[rd] respondent to correct the father's name of the 1[st] petitioner as 'John Roshan A.J' instead of wrongly mentioned as Jhon Roshan A.J' in Exhibit P2 certificate and to issue Mark sheet cum Secondary School Certificate accordingly within a time frame to be fixed by this Hon'ble Court._ _(ii) Issue a direction to the 3[rd] respondent Regional Officer commanding to correct the date of birth of the petitioner's in Ext P2 & P4 certificates and issue mark sheet cum certificates of Secondary School Examinations to the petitioners correctly stating their date of birth as 2.9.2004 and 1.9.2004 respectively._ _(iii) This Hon'ble Court may be pleased to dispense with the filing of English Translation of the vernacular_ WP(C) NO. 681 OF 2023 4 _documents filed in this Writ Petition on such terms and conditions as this Hon'ble Court may deem fit and proper in the facts and circumstances of this case. (iv) Issue such appropriate Writ, order or direction as deem just and fit to this Honourable Court._ ## _And_ _(vii) Allow this W.P(C) with cost.” [SIC]_ 2. The petitioners are students. They passed Secondary School Examinations from the Arooja Little Star School, Moolamkuzhi, Cochin in CBSE Syllabus in 2020. The petitioners are aggrieved by the alleged inaction from the part of the 3[rd] respondent to correct the father's name and Date of Birth wrongly stated in their marklist cum secondary school certificate 2020. The petitioners preferred representation to the 3[rd] respondent requesting to correct the mistake in Exts.P2 and P4 certificates is the submission. But there is no response. Hence, this writ petition. WP(C) NO. 681 OF 2023 5 3. Heard the learned counsel for the petitioners and the learned Standing Counsel appearing for respondent Nos. 1 to 3. 4. When this writ petition came up for consideration, the learned Standing Counsel appearing for the respondents takes me through para 11 of the statement filed by them. It will be better to extract para 11 of the statement : _“11. It is submitted that as far as the petitioners are concerned the desired correction in DOB in accordance with the initial Birth Certificate and application form is not in uniformity with the latest Birth Certificate available in Corporation records as on date. To get the DOB corrected in CBSE records as per norms, the presently applicable Birth Certificate issued by the Cochin Corporation needs to be further amended as per correct DOB of the candidates, by removing the cited ambiguity.”_ 5. The counsel for the petitioners submitted that Exts.P14 and P15 would show the correct Date of Birth WP(C) NO. 681 OF 2023 6 and the same is issued by the Corporation. The father's name of the 1[st] petitioner is also correctly mentioned in Ext.P14. In the light of the above submission, I think there can be a direction to the 3[rd] respondent to consider the matter in the light of Exts.P14 and P15. It is also submitted by the petitioners that in Exts.P12 and P13, the Corporation stated that the mistake is actually on the part of the Corporation, while updating the software. It is also submitted that the same is corrected and now issued Exts.P14 and P15. In the light of the same, there can be a direction to the 3[rd] respondent to consider the matter in the light of Exts.P12 to P15. Therefore, this writ petition is disposed of with the following directions : - 1)The petitioners will produce Exts.P12 to P15 before the 3[rd] respondent within two weeks from the date of WP(C) NO. 681 OF 2023 7 receipt of a certified copy of this judgment. - 2)Once the documents required are received, the 3[rd] respondent will consider the same and take necessary steps to correct the certificates in accordance with law, in the light of Exts.P12 to P13 and also in the light of the dictum laid down in _**Jigya Yadav v. Central Board of Secondary Education**_ [2021 (3) KLT 711] as expeditiously as possible, at any rate, within one month from the date of receipt of the documents from the petitioners. - 3)The petitioners will produce a certified copy of this judgment along with a copy of this order before the - 3[rd] respondent for compliance. ## **Sd/P.V.KUNHIKRISHNAN JUDGE** SKS WP(C) NO. 681 OF 2023 8 ## **APPENDIX OF WP(C) 681/2023** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE BIRTH CERTIFICATE OF THE| |---|---| ||1ST PETITIONER| |Exhibit P2|TRUE COPY OF THE MARK STATEMENT CUM| ||CERTIFICATE OF SECONDARY SCHOOL| ||EXAMINATION 2020 OF THE FIRST PETITIONER,| ||ISSUED BY THE 2ND RESPONDENT CONTROLLER OF| ||EXAMINATIONS| |Exhibit P3|TRUE COPY OF THE BIRTH CERTIFICATE OF THE| ||2ND PETITIONER SHEON SHYLAN| |Exhibit P4|TRUE COPY OF THE MARK SHEET CUM| ||CERTIFICATE OF SECONDARY SCHOOL| ||EXAMINATION 2020 OF THE 2ND PETITIONER| ||ISSUED BY THE 2ND RESPONDENT| |Exhibit P5|TRUE COPY OF THE STATEMENT SHOWING THE| ||PARTICULARS OF THE STUDENTS OF AROOJA| ||LITTLE STAR SCHOOL INCLUDING THE| ||PETITIONERS SUBMITTED BY THE 4TH| ||RESPONDENT PRINCIPAL| |Exhibit P6|TRUE COPY OF THE RELEVANT PAGE OF THE| ||STUDENT'S BIO DATA SUBMITTED BY THE 4TH| ||RESPONDENT PRINCIPAL| |Exhibit P7|TRUE COPY OF THE REPRESENTATIONS DATED| ||05.03.2021 TO THE 3RD RESPONDENT REGIONAL| ||OFFICER| |Exhibit P8|TRUE COPY OF THE REPRESENTATIONS DATED| ||05.08.2021 TO THE 3RD RESPONDENT REGIONAL| ||OFFICER| WP(C) NO. 681 OF 2023 9 - Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 TO THE 3RD RESPONDENT REGIONAL OFFICE PREFERRED BY THE 1ST PETITIONER'S MOTHER MARY MOULY - Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 05.08.2021 PREFERRED BY THE FATHER OF THE 2ND PETITIONER - Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 27.12.2021 PREFERRED BY THE 2ND PETITIONER'S UNCLE TO THE 3RD RESPONDENT REGIONAL OFFICER - Exhibit P15 True copy of the birth certificate dated 18.03.2023 of the 2nd petitioner is issued by the Cochin Corporation - Exhibit P12 True copy of communication No. WZH4/606/2023 dated 18.04.2023 issued by the Registrar of Birth and Death to the 1st petitioner - Exhibit P13 True copy of the Communication No. WZH4/548/2023 dated 05.04.2023 issued by the Registrar of Birth and Death - Exhibit P14 True copy of the birth certificate of the 1st petitioner dated 12.04.2023 by Cochin Corporation