Miss Jibina Das Y.S. v. Central Board of Secondary Education and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 22[ND] DAY OF DECEMBER 2021 / 1ST POUSHA, 1943 WP(C) NO. 23286 OF 2021** ## **PETITIONER:** MISS JIBINA DAS Y.S AGED 19 YEARS D/O. MR. YASUDASAN D, R/O. BETHEL HOUSE, KIZHAKKUMKARA PUTHEN VEEDU, KAITHODE, URIYACODE P.O., PIN-695 543 VELLANAD, THIRUVANANTHAPURAM DISTRICT, KERALA STATE. BY ADVS. SHINTO THOMAS ALEX JOSEPH REBINSON M.P. ## **RESPONDENTS:** 1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN, SHIKSHA KENDRA 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, 110 092. 2 DIRECTORATE OF HIGHER SECONDARY EXAMINATION, REPRESENTED BY ITS DIRECTOR, HOUSING BOARD BUILDINGS, THAMPANOOR-PANAVILA ROAD, SANTHI NAGAR, THYKAD, THIRUVANANTHAPURAM, KERALA-695 001. 3 THE PRINCIPAL GYAN GANGA INTERNATIONAL ACADEMY, MISROD, RATANPUR P.O., BHOPAL, MADHYAPRADESH-26 4 ADDL R4. THE REGIONAL OFFICER, CBSE, THE REGIONAL OFFICE, WP(C) NO.23286/2021 **==> picture [7 x 9] intentionally omitted <==** TODARMAL MARG, AJMER, RAJASTHAN-305 001. (IS IMPLEADED AS PER ORDER DATED 10-11-2021 IN IA 1/2021 IN WP(C)). BY ADV SRI.NIRMAL S., SC, CBSE SMT.JASMINE.M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.23286/2021 3 ## **P.V.KUNHIKRISHNAN, J** **-------------------------------------W.P.(C)No.23286 of 2021** **-------------------------------------Dated this the 22[nd] day of December, 2021** ## **JUDGMENT** **The above writ petition is filed with following prayers:** _“a) Issue a writ in the nature of Mandamus and / or any other appropriate writ / order to direct the respondents to rectify/correct the error in the name of the mother of the Petitioner by mentioning her mother's name as Sobhana Kumari T.R in the mark statement of Central Board of Secondary Education and in the Certificate of Board of Higher Secondary Education._ _ii) Grant such other appropriate writ order or direction as this Hon'ble court may deem fit and proper in the facts and circumstances of this case.”_ ## **2. The grievance of the petitioner is** **that the name of the mother of the petitioner** **is mentioned wrongly in the certificate issued** **by the Central Board of Secondary Education(C.B.S.E) as evident by Ext.P2. In** WP(C) NO.23286/2021 4 **Ext.P2 certificate, the name of the mother of the petitioner is shown as 'Sobhana Das T' instead of 'Sobhana Kumari T.R.'. Ext.P1 is the Adhar Card of the mother of the petitioner, in which the name of her mother is mentioned as 'Sobhana Kumari T.R.' The petitioner also produced Ext.P8 which is the birth certificate of the petitioner in which also her mother's name is correctly mentioned as 'Sobhana Kumari T.R.' The petitioner studied in the 3[rd] respondent school. Even though the petitioner approached the 3[rd] respondent, the 3[rd] respondent has not taken any steps. Hence this writ petition is filed.** **3. Heard the learned counsel for the petitioner, the learned Standing counsel for the C.B.S.E and also the learned Government Pleader.** **4. The learned counsel for the** **petitioner reiterated his contentions in the writ petition. On the other hand, the learned** WP(C) NO.23286/2021 5 **Standing counsel appearing for the C.B.S.E submitted that the petitioner has to approach the 3[rd] respondent first and thereafter the 3[rd] respondent has to forward the same to the additional 4[th] respondent and if such an application is received, the authority will consider the same in the light of the decision of the Apex Court in** _**Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711].**_ **5. After hearing both sides, I think this writ petition can be disposed of directing the petitioner to approach the 3[rd] respondent with a proper application and there can be a direction to the 3[rd] respondent to forward that application to the additional 4[th] respondent in accordance to law. Even though notice is issued to the 3[rd] respondent, there was no appearance for the 3[rd] respondent. Therefore, the petitioner will produce a copy of this judgment along with a copy of this** WP(C) NO.23286/2021 6 **writ petition before the 3[rd] respondent for compliance.** **Therefore, this writ petition is disposed of in the light of** _**Jigya Yadav's case**_ **(supra) in the following manner:** **i) The petitioner shall file a formal application before the 3[rd] respondent disclosing the details along with other documents for changing the name of the mother of the petitioner in Ext.P2 certificate within two weeks from the date of receipt of a copy of this judgment.** **ii) The petitioner shall also file an affidavit along with the above application, referring to the facts and disclosing the same before the 3[rd] respondent. In the affidavit, the petitioner shall also indemnify C.B.S.E. against any loss that may be caused to any third party by the correction.** **iii) The petitioner shall also** **surrender the original certificate sought to** WP(C) NO.23286/2021 7 **be corrected along with the application, if not already surrendered.** **iv) On receipt of the application as directed above, the 3[rd] respondent shall make necessary corrections and forward the same to the additional 4[th] respondent within four weeks from the date of receipt of the application from the petitioner.** **v) The additional 4[th] respondent shall inform the petitioner by email, about the administrative expenses which the petitioner shall remit forthwith (the petitioner shall furnish the email address also to the additional 4[th] respondent).** **vi) The additional 4[th] respondent shall process the application and shall pass appropriate orders in it in the light of paragraphs 170 and 171 of the judgment of the Apex Court in** _**Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711]**_ **as expeditiously as possible, at any rate, within** WP(C) NO.23286/2021 8 **four weeks from the date of receipt of the communication from the 3[rd] respondent.** **v) The question of correction of the certificates of the Central Board of Higher Secondary Education is left open.** **Sd/P.V.KUNHIKRISHNAN JUDGE** **DM** WP(C) NO.23286/2021 9 ## **APPENDIX OF WP(C) 23286/2021** ## PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE AADHAR CARD OF THE MOTHER OF THE PETITIONER EXHIBIT P2 TRUE COPY OF THE MARK STATEMENT ROLL NO.1205607 DATED 29.5.2018 IN ALL INDIA SECONDARY SCHOOL EXAMINATION, 2018 ISSUED TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE (REGISTER NUMBER 7025676) DATED 15.7.2020 OF HER BOARD OF HIGHER SECONDARY EXAMINATIONS. EXHIBIT P4 TRUE COPY OF THE REQUEST LETTER DATED 30.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL, GYAN GANGA INTERNATIONAL ACADEMY, RATANPUR, BHOPAL, MADHYAPRADESH TOGETHER WITH ITS TYPED VERSION. EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE SUPERINTENDENT, SAT HOSPITAL, THIRUVANANTHAPURAM DATED 3.12.2019. EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KATTAKKADA GRAMA PANCHAYATH EXHIBIT P7 TRUE COPY OF THE ONE AND THE SAME CERTIFICATE DATED 25.10.2019 ISSUED BY THE PERUMKULAM VILLAGE OFFICE. EXHIBIT P8 TRUE COPY OF THE BIRTH CERTIFICATE DATED 13.12.2019 ISSUED BY THE DEPARTMENT OF URBAN AFFAIRS, GOVT. OF KERALA TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT OF PETITIONER'S MOTHER DATED 23.10.2020 ATTESTED BY JUDICIAL IST CLASS MAGISTRATE COURT, KATTAKADA. WP(C) NO.23286/2021 10 EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 20.10.2021 SUBMITTED BY THE PETITIONER TO THE IST RESPONDENT. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 20.10.2021 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2. EXHIBIT P12 TRUE COPY OF THE ADMIT CARD DATED 12.9.2021 OF PETITIONER OF NEET EXAMINATION. RESPONDENTS EXHIBITS : NIL //TRUE COPY// **==> picture [81 x 8] intentionally omitted <==**