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High Court of KeralaSingle JudgeWrit petition disposed of with directions as st...

Jiya George v. Central Board of Secondary Education

Case / Petition Number:WP(C) No. 26363 of 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • N. Nagareesh
Judgment Date
2022-01-05
Court Decision / Holding
Writ petition disposed of; petitioner to file a fresh application for correction/name change before the 4th respondent (the School), who shall forward it to the 2nd respondent CBSE. The 2nd respondent shall decide the matter in light of the Apex Court's Jigya Yadav v. CBSE judgment within six weeks.
Final Disposition
Writ petition disposed of with directions as stated above

Parties to the Case

Appellants / Petitioners

  • JIYA GEORGE

Respondents

  • CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, CBSE HEADQUARTERS, SHIKSHA KENDRA 2, COMMUNITY CENTRE, DELHI-110 092
  • CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS REGIONAL OFFICER, CBSE REGIONAL OFFICE, 1630-A, J-BLOCK, ANNANAGAR WEST, CHENNAI-600 040
  • CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS REGIONAL OFFICER, BOARD OF EDUCATION IN THIRUVANANTHURAM, KERALA-695 004
  • MAHAKAVI KUMARANASAN CENTRAL SCHOOL, REPRESENTED BY ITS PRINCIPAL, PALLICKAL, NADUVILEMURI, PALLICKAL P.O., KAYAMKULAM-690 503

Legal Representation & Advocates

Counsels for Petitioners

  • • ARUN KRISHNA DHAN
  • • T.K. Sandeep
  • • ARJUN SREEDHAR
  • • ALEX ABRAHAM
  • • VEENA HARIKUMAR

Counsels for Respondents

  • • SRI.NIRMAL S., SC, CBSE

Case Synopsis & Summary

The petitioner, a student of Mahakavi Kumaranasan Central School, Kayamkulam, seeks to quash Ext.P12 (2nd respondent) rejection and to direct the 2nd respondent to consider her representation to correct her Class X Certificate from Giya George to Jiya George. Her actual name is Jiya, as recorded in birth, passport, Aadhaar and other public documents; however, the Class X Certificate bears the misspelled name Giya George, creating a discrepancy that has caused the University of Kerala to withhold her Degree Certificate. She submitted a representation on 04.10.2019 seeking to correct/change the name, accompanied by documents demanded in Ext.P10; she complied with the requirements. The 2nd respondent issued Ext.P12 rejecting the request, stating that the correction did not qualify under Rule 69 of the Examination Bye-Laws. The respondents contend that the request was processed but ultimately rejected for non-fulfilment of Rule 69 criteria. The court notes that corrections of date of birth and name are now governed by the Apex Court’s Jigya Yadav v. Central Board of Secondary Education decision until amended bye-laws are notified, and that the petitioner’s application must be considered in light of that judgment. The writ petition is disposed of by permitting the petitioner to file a fresh application before the 4th respondent (the School), who shall forward it to the 2nd respondent for an appropriate decision in light of Jigya Yadav within six weeks. The court’s aim is to align official records with the true name, ensuring the degree and related credentials can be issued.

Provisions of Law Cited

Rule 69 of the Examination Bye-Laws

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that her correct name is Jiya George, as recorded across birth, passport, Aadhaar, driving license, and other public documents; a typographical error has rendered the Class X Certificate as Giya George, causing the University of Kerala to withhold her Degree Certificate. She submitted a representation (04.10.2019) and complied with the documents requested (Ext.P10). Ext.P12, however, rejects the correction on grounds it does not meet Rule 69 of the Examination Bye-Laws. The petitioner urges the Court to quash Ext.P12 and direct CBSE to consider the correction in light of the Apex Court’s Jigya Yadav v. CBSE decision. The remedy proposed is a fresh application before the 4th respondent (the School) who will forward to the 2nd respondent for decision within six weeks, guided by Jigya Yadav, so as to avoid prejudice to her academic credentials.

Contentions of Respondents

The respondents submit that though the request was processed, Ext.P12 rejects it because it failed to meet Rule 69 criteria of the Examination Bye-Laws. They rely on the existing Bye-Laws and the procedural requirements, arguing that any correction must comply with those provisions. They contend that the application was not approved under Rule 69 and that the current process should continue in line with the statutory framework until amended bye-laws are notified.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
Jigya Yadav v. Central Board of Secondary Education2021 (3) KLT 711(SC)PositiveCourt relies on the Apex Court ruling to guide corrections of name and date of birth in CBSE records until bye-laws are amended, applying the Jigya Yadav doctrine to this case.

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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 N.NAGARESH** **WEDNESDAY, THE 5[TH] DAY OF JANUARY 2022/15TH POUSHA, 1943** ## **WP(C) NO. 26363 OF 2021** ## **PETITIONER:** **JIYA GEORGE, AGED 26 YEARS, D/O. LATE THOMAS GEORGE, R/AT BERAKAH HOUSE, PALLICKAL P.O., KAYAMKULAM, ALAPPUZHA-690 503.** **BY ADVS. ARUN KRISHNA DHAN T.K.SANDEEP ARJUN SREEDHAR ALEX ABRAHAM VEENA HARIKUMAR** ## **RESPONDENTS:** - **1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, CBSE HEADQUARTERS, SHIKSHA KENDRA 2, COMMUNITY CENTRE, DELHI-110 092.** - **2 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS REGIONAL OFFICER, CBSE REGIONAL OFFICE, 1630-A, J-BLOCK, ANNANAGAR WEST, CHENNAI-600 040.** - **3 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS REGIONAL OFFICER, BOARD OF EDUCATION IN THIRUVANANTHAPURAM, KERALA-695 004.** - **4 MAHAKAVI KUMARANASAN CENTRAL SCHOOL, REPRESENTED BY ITS PRINCIPAL,** WP(C)No.26363/2021 2 **PALLICKAL, NADUVILEMURI, PALLICKAL P.O., KAYAMKULAM-690 503.** **BY ADV SRI.NIRMAL S., SC, CBSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C)No.26363/2021 3 ## **JUDGMENT** Dated this the 5[th] day of January, 2022 The petitioner who is student of the 4[th] respondent – Mahakavi Kumaranasan Central School, Kayamkulam has approached this Court seeking to quash Ext.P12 communication of the 2[nd] respondent and to direct the 2[nd] respondent to consider the representation referred to in Ext.P12 order preferred by the petitioner for change/correction of her name to “Jiya George” in the Class X Certificate within such time period as may be stipulated by this Court. 2. The petitioner submits that her actual name is “Jiya George”. The name is so recorded in all public documents including Birth Certificate, Passport, Aadhaar, Driving Licence etc. However, by a mistake, the name happened to be recorded as “Giya George” in Class X WP(C)No.26363/2021 4 Certificate. Now due to the mismatch of the name, the University of Kerala has withheld the Degree Certificate of the petitioner. 3. The petitioner therefore submitted a representation dated 04.10.2019 to the 2[nd] respondent seeking to change/correct her name from “Giya George” to “Jiya George” in Class X Certificate. To the said application, the petitioner was served with Ext.P10 letter of the 2[nd] respondent requiring the petitioner to produce certain documents necessary to process the application. The petitioner complied with the requirements. However, now the petitioner has been issued with Ext.P12 letter of the 2[nd] respondent rejecting the application stating that the correction sought cannot be accepted as it has not qualified the requirements of Rule 69 of the Examination Bye-laws. 4. Respondents 1 to 3 appeared in the writ petition and defended the case. The learned Standing Counsel WP(C)No.26363/2021 5 pointed out that the request of the petitioner was processed and it was observed that correction sought for cannot be accepted as it has not qualified the requirements of Rule 69 of the Examination Bye-Laws. 5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing respondents 1 to 3. In view of the nature of relief to be granted in this writ petition, notice to 4[th] respondent is dispensed with. 6. It is not disputed that the procedure/norms relating to the correction of Date of Birth and name of Candidates and parents, are now governed by the judgment of the Hon'ble Apex Court in **Jigya Yadav v. Central Board of Secondary Education** [2021 (3) KLT 711(SC)] till amended bye-laws are notified by the CBSE. Therefore the application for correction submitted by the petitioner will have to be considered in the light of the WP(C)No.26363/2021 6 judgment of the Apex Court. In the circumstances, the writ petition is disposed of permitting the petitioner to file a fresh application for correction/change of her name before the 4[th] respondent who shall forward the application to the 2[nd] respondent. The 2[nd] respondent shall take appropriate decision on such application in the light of the judgment of the Apex Court in **Jigya Yadav v. Central Board of Secondary Education** within a further period of six weeks. Sd/- **N. NAGARESH JUDGE** ncd/05.01.2022 WP(C)No.26363/2021 7 ## **APPENDIX OF WP(C) 26363/2021** ## **PETITIONER'S EXHIBITS** - **Exhibit P1 A TRUE COPY OF THE BIRTH CERTIFICATE ISSUED TO THE PETITIONER BY THE GOVT. OF KERALA ON 29.11.2001.** - **Exhibit P2 A TRUE COPY OF THE PASSPORT ISSUED BY THE GOVT. OF INDIA TO THE PETITIONER ON 3.3.2015.** - **Exhibit P3 A TRUE COPY OF THE AADHAAR CARD ISSUED BY THE GOVT. OF INDIA TO THE PETITIONER ON 1912-2012.** - **Exhibit P4 A TRUE COPY OF THE VOTER ID 24.6.2015 ISSUED BY THE ELECTION COMMISSION TO INDIA TO THE PETITIONER ID.** - **Exhibit P5 A TRUE COPY OF THE DRIVING LICENCE ISSUED BY THE MOTOR VEHICLE DEPARTMENT KERALA TO THE PETITIONER ON 4.8.2017.** - **Exhibit P6 A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE MALAYALAM DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD TO THE PETITIONER ON 7.12.2020.** - **Exhibit P7 A TRUE COPY OF THE PLUS TWO CERTIFICATE ISSUED BY THE BOARD OF HIGHER SECONDARY EXAMINATION, THIRUVANANTHAPURAM TO THE PETITIONER DATED 13.5.2014.** - **Exhibit P8 A TRUE COPY OF THE PROVISIONAL DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA TO THE PETITIONER DATED 6.6.2019.** - **Exhibit P9 A TRUE COPY OF THE COURSE CERTIFICATE IN COMPUTERIZED ACCOUNTING BY THE CENTRE FOR DEVELOPMENT OF IMAGING TECHNOLOGY (C-DIT) TO THE PETITIONER ON 27.3.2019.** **Exhibit P10 A TRUE COPY OF THE LETTER DATED 8.11.2019 ISSUED BY THE 2ND RESPONDENT.** WP(C)No.26363/2021 8 **Exhibit P11 A TRUE COPY OF THE LETTER DATED 6.2.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P12 A TRUE COPY OF THE ORDER DATED 16.6.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P13 A TRUE COPY OF THE CLASS-X CERTIFICATE OF THE PETITIONER DATED 21.5.2012.**