Jasna E.K. v. Central Board of Secondary Education (CBSE) and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940** ## **WP(C).No. 2633 of 2019** ## **PETITIONER/S:** **JASNA.E.K., AGED 29 YEARS D/O.MOHAMMED E.H., RESIDING AT EKKARAKUDI HOUSE, VALANCHERY, THOZHUVANOOR P.O., MALAPPURAM DISTRICT676552.** **BY ADVS. SRI.ANZAR BASHEER SMT.NADEESHA T. NUSHAD** ## **RESPONDENT/S:** - **1 THE CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110092.** **2 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), NEW NO. 3 (OLD NO.163A), J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600040. 3 THE PRINCIPAL, ANSAR ENGLISH SCHOOL, PERUMPILAVU, KARIKKAD P.O., KUNNAMKULAM, THRISSUR DISTRICT- PIN-680519. 4 THE PRINCIPAL, M.E.S. CENTRAL SCHOOL, VALANCHERY, MALAPPURAM DISTRICT, PIN-680519.** ## **OTHER PRESENT:** **SRI.S.NIRMAL, SC,CBSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 2633 of 2019** **-2-** ## **ALEXANDER THOMAS, J** . --------------------W.P.(C).No.2633 of 2019 -----------------------Dated this the 29[th] day of January, 2019. ## **J U D G M E N T** ## **The petitioner seeks directions for correction** **of the date of birth shown in the school records** **and CBSE records as per Ext.P-2 & P-3 so as to be in tune with Ext.P-1 statutory birth certificate, etc. The prayers in the above Writ Petition** ## **(Civil) are as follows:** _“(i) Issue a writ of certiorari or other appropriate writ or order or direction quashing Ext.P4 order._ _(ii) Issue a writ of mandamus or any other appropriate Writ or Order or direction, directing or compelling the 1[st] and 2[nd] respondent to correct date of birth of the petitioner in Ext.P-2 and P3 in the tune of Ext.P1 certificate, in the light of Ext.P5 judgment._ _(iii)Issue a writ of mandamus or any other appropriate Writ or Order or Direction, directing or compelling the 3 and 4 respondents to correct the date of birth of the petitioner in the school records in the tune of Ext.P1._ _(iv) Issue such other Writ, direction or order as this Hon'ble Court may deem fit and proper on the facts and in the circumstances of the case.”_ ## **2. Heard Sri.Anzar Basheer, learned counsel** **for the petitioner and Sri.S.Nirmal, learned** **Standing Counsel for the CBSE appearing for respondents 1 & 2. In the nature of the orders proposed to be passed in this petition, notice to respondents 3 & 4 will stand dispensed with.** **WP(C).No. 2633 of 2019** **-3-** **3** . **According to the petitioner, her date of birth has been correctly shown and certified in Ext.P-1 statutory birth certificate as “18.4.1990” and the said birth has been so registered thereby on 30.4.1990. That mistakes had occurred while entering her date of birth in the school records at the time of her admission in the school, whereby it was erroneously shown as “18.3.1990” and correspondingly, the said mistakes had also been repeated in the respondents CBSE records like Ext.P-2 pass certificate dated 27.5.2006, Ext.P-3 mark list dated 27.5.2006, etc. The petitioner was advised that if the said mistakes in the school and CBSE records are not corrected, it might create unnecessary hurdles and difficulties for her while pursuing academic studies and employment opportunities abroad, etc. Therefore, the petitioner had submitted application through the 3[rd] respondent before the 2[nd] respondent CBSE praying for correction of the date of birth in the CBSE records like Exts.P-2 & P-3 so as to be in tune with the entry of date of birth as shown in Ext.P-1 statutory birth certificate, etc. The 2[nd] respondent-Central Board** **WP(C).No. 2633 of 2019** **-4-** **of Secondary Education, Chennai, has now issued in Ext.P-4 order dated 7.9.2018 whereby her request for correction of date of birth in the CBSE records has been rejected on the ground that the plea made by her for such correction is beyond the time limit stipulated as per the CBSE norms.** **4. From a perusal of the pleadings and materials on record, it can be seen that the date of birth of the petitioner has been certified in Ext.P-1 birth certificate as “18.4.1990” and the birth has been so registered on 30.4.1990. Moreover, the entry of date of birth in a statutory birth certificate like Ext.P-1 will have the force of statutory presumption about its correctness. What now stands in the way is essentially the time line laid down by the respondent-CBSE authorities regarding the time limit within which such application for correction could be entertained, etc. Moreover, as per the procedure, it is for the petitioner to make the application before the 3[rd] & 4[th] respondent schools to initially get the date of birth corrected in the school records and then to** **WP(C).No. 2633 of 2019** **-5-** **get it forwarded to the 2[nd] respondent-Regional Office, CBSE for consequential correction in the CBSE records like Ext.P-2 & P-3.** **5. The matter in issue is covered by the Division Bench of this Court in the decision in** _**Subin Mohammed v. Union of India**_ **, reported in 2016** **(1) KLT 340, wherein it has been held in para 39 and 41 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.”_ **WP(C).No. 2633 of 2019** **-6-** **The abovesaid directions in** _**Subin Mohammed's**_ **case** **(supra), has been followed in a catena of decisions by this Court in decisions as in W.P. (C).No.20661/2017 wherein directions have been issued in para 4 thereof, which read 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.”_ ## **6. Accordingly, this Court is inclined to** **issue directions on the same lines as already rendered in the aforecited judgments. In the light of these aspects, Ext.P-4 proceedings issued by the 2[nd] respondent will stand quashed. The abovesaid directions will be subject to the petitioner paying cost of Rs.5,000/- by way of Demand Draft to the 2[nd] respondent-Regional Officer, CBSE, Chennai. Accordingly, the following directions and orders are issued:-** **WP(C).No. 2633 of 2019** **-7-** - _**(i) The petitioner will pay cost of Rs. 5,000/- by way of demand draft to the 2[nd] respondent Regional Officer, CBSE, Chennai within two weeks and will produce the said demand draft along with an application seeking correction of the date of birth in the CBSE records based on the entry of date of birth in Ext.P-1 statutory birth certificate.**_ - _**(ii)The petitioner shall file a separate application for correction of date of birth to the 3[rd] & 4[th] respondentsschools along with supporting documents and a photocopy of the said demand draft evidencing payment of cost of Rs.5,000/- to the 2[nd] respondent, should also be produced before the schools.**_ - _**(iii) Upon receipt of such application along with supporting documents as aforestated, the Principal of the 3[rd] 4[th] respondents-schools will take necessary steps for correction of the date of birth in the school records so as to be in tune with the entry of date of birth in Ext.P-1 birth certificate and communicate the details of such correction in the school records to the 2[nd] respondent Regional Officer of the CBSE at Chennai.**_ - _**(iv) After receipt of the abovesaid communication from the 3[rd] & 4[th] respondents-schools, the 2[nd] respondent Regional Officer CBSE will take necessary steps for correction of date of birth in the CBSE records as in Exts.P-2 & P-3, etc. so as to be in tune with the entry of date of birth in Ext.P-1 birth certificate.**_ **WP(C).No. 2633 of 2019** **-8-** _**(v) The entire process in this regard should be duly completed by 2[nd,] 3[rd] & 4[th] respondents without much delay preferably within a period of 2 months from the date of production of a certified copy of this judgment.**_ _**(vi)The abovesaid directions are subject to the specific condition that the petitioner should pay cost to the 2[nd] respondent Regional Officer, CBSE, as directed above, failing which the abovesaid directions will stand automatically vacated without any further orders from this Court.**_ **With these observations and directions, the** **above Writ Petition (Civil) will stand finally** **disposed of.** ## **Sd/-** ## **ALEXANDER THOMAS** ## **JUDGE** BKN/- **WP(C).No. 2633 of 2019** **-9-** ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, VALANCHERY PANCHAYAT, MALAPPURAM DISTRICT IN FAVOUR OF THE PETITIONER** **EXHIBIT P2** **TRUE COPY OF THE PASS CERTIFICATE ISSUED BY THE 1ST RESPONDENT IN SECONDARY SCHOOL EXAMINATION, 2006 DATED 27/5/2006.** **EXHIBIT P3** **TRUE COPY OF THE MARK LIST IN SECONDARY SCHOOL EXAMINATION, 2006 DATED 27/5/2006 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF PETITIONER.** **EXHIBIT P4** **TRUE COPY OF THE REJECTION LETTER DATED 7/9/2018 ISSUED BY THE 2ND RESPONDENT IN FAVOURT OF 3RD RESPONDENT.** **EXHIBIT P5** **TRUE COPY OF THE JUDGMENT DATED 5/8/2009 PASSED IN WA 1948/2008 ALONG WITH W.A. 1949/2009 AND CONNECTED CASES.**