Maheshkumar R. v. Central Board of Secondary Education and St. Johns School

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940 WP(C).No. 5154 of 2019** ## **PETITIONER:** **MAHESHKUMAR.R AGED 27 YEARS** **S/O. REGHUKUMAR M, SREEMANGALAM, PANNIVIZHA, ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.R.RADHAKRISHNAN NAIR** ## **RESPONDENTS:** |**1**|**CENTRAL BOARD OF SECONDARY EDUCATION**| |---|---| ||**(CBSE), REGIONAL OFFICE, J BLOCK, 16TH MAIN ROAD,**| ||**ANNA NAGAR WEST, CHENNAI-600040, REPRESENTED BY ITS**| ||**SECRETARY.**| |**2**|**THE PRINCIPAL,**| ||**ST. JOHNS SCHOOL, KEERUKUZHY P.O, THUMPAMON,**| ||**PATHANAMTHITTA DISTRICT-689502**| ||**BY ADV. SRI.NIRMAL S., SC, CBSE**| ||**SRI.S.NIRMAL, SC, CBSE**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No. 5154 of 2019 2 ## **ALEXANDER THOMAS, J** **============================ W.P.(C). NO. 5154 OF 2019 ============================================== DATED THIS THE 20th DAY OF FEBRUARY , 2019** ## **JUDGMENT** The petitioner is aggrieved by the refusal on the part of the respondents in making necessary corrections with regard to his date of birth as entered in the school and CBSE records which is produced as Exts.P1 and P2 so as to be in tune with the entry of date of birth as certified in Exts. P3, statutory birth certificate issued under the enabling provisions contained in the Registration of Births & Deaths Act, 1969. The prayers in the above Writ Petition (Civil) are as follows: - _(I) Issue a Writ of Mandamus or any other Writ, order or direction, directing the 1[st] respondent to make necessary corrections of the date of birth of the petitioner in Exhibit P-1 All India Secondary School Examination 2006 Certificate and Exhibit P-2 Mark Statement of the petitioner as 30.06.1990 as shown in Exhibit :p3 Birth Certificate and to direct the 2[nd] respondent to make consequential corrections in School records of the petitioner;_ WP(C).No. 5154 of 2019 **==> picture [8 x 9] intentionally omitted <==** 2. Heard Sri.K.R. Radhakrishnan Nayar, learned counsel appearing for the petitioner and Sri.S.Niramal, learned Standing Counsel for the CBSE appearing for R-1 and R-2. 3. According to the petitioner, his date of birth has been correctly shown and certified in Ext.P-3 statutory birth certificate as “ _30.6.1990_ ” and the said birth has been so registered thereby on 09/07/1990. That mistakes had occurred while entering his date of birth in the school records at the time of his admission in the school, whereby it was erroneously shown as “ _30.5.1991_ ” and correspondingly, the said mistakes had also been repeated in the respondents CBSE records like Ext.P-1 All India Secondary School Examination 2006 certificate and Ext.P2 Marks Statement, etc. That the petitioner's date of birth has been correctly shown in Ext.P-3 Birth Certificate issued under the enabling provisions contained in the Registration of Births & Deaths Act, 1969. 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 him while pursuing academic studies and employment opportunities abroad, etc. Therefore, the petitioner has filed an application before the 1[st] respondent CBSE through the 2[nd] respondent, praying for correction of the date of birth in the CBSE records like Ext.P-1 and P2 so as to be in tune with the entry of date of birth as shown in Ext.P-3 statutory birth certificate, etc. WP(C).No. 5154 of 2019 4 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-3 birth certificate as “30.6.1990” and the birth has been so registered on 09/07/1990. If, as a matter of fact, the date of birth of the petitioner as shown in the CBSE and school records like Ext.P1 and P2 as 30.5.1991 had been correct, then certainly it would have been virtually impossible to get his birth registered as per Ext.P-3 on 09/07/1990, which is prior to the date of birth as shown in Ext.P-1, etc. This factual aspect alone would give credence and reliability to the date of birth as certified in Ext.P-3 birth certificate. Moreover, the entry of date of birth in a statutory birth certificate like Ext.P-3 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 2[nd] respondent school authorities to initially get the date of birth corrected in the school records and then to get it forwarded to the 1[st] respondent Regional Office, CBSE for consequential correction in the CBSE records like Exts.P-1 and P-2. 5. The matter in issue is fully covered by the Division Bench judgment of this Court in _**Subin Mohammed**_ v. _**Union of India**_ , reported WP(C).No. 5154 of 2019 5 in **2016 (1) KLT 340,** wherein following directions have been in paras 39 and 41 thereof: _“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._ _40. 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._ ” Further, this Court in the judgment dated 29.8.2017 in W.P.(C). No.20661/2017 has 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:_ _(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_ WP(C).No. 5154 of 2019 6 ## _Rs.5000/-, within two months thereafter.”_ 6. Taking into account the directions issued by the Division Bench of this Court in _**Subin Mohammed's case**_ (supra) reported in 2016 (1) KLT 340 as well as the directions issued by this Court in the judgment dated 29.8.2017 in W.P.(C).No. 20661/2017, it is ordered that the matter requires consideration afresh at the hands of the respondents. Accordingly, the following directions are issued: - _(i) The petitioner will pay cost of Rs. 5,000/- (Rupees five thousand only) by way of demand draft to the 1[st] 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-3 statutory birth certificate._ - _(ii) The petitioner shall file a separate application for correction of date of birth to the 2[nd] respondent school 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 2[nd] respondent school._ - _(iii) Upon receipt of such application along with supporting documents as aforestated, the Principal of the 2[nd] respondent school 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-3 birth certificate and communicate the details of such correction in the school records to the 1[st] respondent Regional Officer of the CBSE at Chennai._ - _(iv) After receipt of the abovesaid communication from the 3[rd] respondent school, the 1[st] respondent Regional Officer CBSE will take necessary steps for correction of date of birth in the CBSE records as in Ext.P-2 mark list, pass certificate, etc. so as to be in tune with the entry of date of birth in Ext.P-3 birth certificate._ - _(v) The entire process in this regard should be duly completed by 2[nd] respondent without much delay, preferably within a period of 2 months from the date of_ WP(C).No. 5154 of 2019 7 _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 1[st] 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) stands finally disposed of. **Sd/-** ## **ALEXANDER THOMAS** **JUDGE** Ns WP(C).No. 5154 of 2019 8 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ALL INDIA SECONDARY SCHOOL EXAMINATION 2006 CERTIFICATE OF THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE MARKS STATEMENT OF ALL INDIA SECONDARY SCHOOL EXAMINATION 2006 OF THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE DATED 26.04.2004 OF THE PETITIONER ISSUED FROM ADOOR MUNICIPALITY.** **EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 21.1.2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 18.7.2018 IN WPC.NO.23989/2018 OF THIS HON'BLE COURT.**