Nishanth Balakrishnan 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 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940** ## **WP(C).No. 5734 of 2019** ## **PETITIONER:** **NISHANTH BALAKRISHNAN, AGED 29 YEARS,** **S/O BALAKRISHNAN, PULIKKAL HOUSE, VARADIAN, AVANOOR P.O.THRISSUR PIN 680 547** **BY ADVS.SMT.C.G.BINDU KUM.K.J.SARANYA RAJ SMT.AJITHA C.G.** ## **RESPONDENTS:** - **1 CENTRAL BOARD OF SECONDARY EDUCATION (CBSE) SHIKSHA KENDRA-2, COMMUNITY CENTRE, PREET VIHAR, DELHI-110 092, REPRESENTED BY ITS CHAIRMAN** - **2 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION (CBSE), NEW NO 3 (OLD NO 1630-A) J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI- 600 040** - **3 PRINCIPAL, SALSABEEL CENTRAL SCHOOL, MUNDUR-PERAMANGALAM P.O.THRISSUR- 680 545, KERALA, AFFILIATED TO CBSE, DELHI.** ## **SRI.S.NIRMAL,SC,CBSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C) No.5734 of 2019 2 # **ALEXANDER THOMAS, J.** ## **= = = = = = = = = = = = = = = = =** ## **W.P.(C) No.5734 of 2019** **- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -** Dated this the 26[th] day of February, 2019 ## **J U D G M E N T** The prayers in the above writ petition (Civil) are as follows: - _“(i). A writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 2[nd] respondent to accept Exhibit-P6 application for correction of date of birth forwarded through the 3[rd] respondent and disposed of the same in accordance with law;_ - _(ii) A writ in the nature of mandamus or any other appropriate writ, order or direction, directing the 2[nd] respondent to correct the entry of date of birth in the Exhibit-P5 marks statement mark of the petitioner as 5.8.1989;_ - _(iii) A writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to direct the 3[rd] respondent to correct the date of birth of the petitioner as 5.8.1989 in their school records;_ - _(iv) A writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents 1 and 2 to correct the necessary registers for entering the date of birth of the petitioner as 5.8.1989;_ - _(v) To grant such other reliefs as this Hon'ble Court may deem just and proper according to the facts and circumstances of the case;_ - _(vi) To award exemplary costs of the proceedings to the petitioner.”_ 2. Heard Smt.C.G.Bindu, the learned counsel appearing for the petitioner and Sri.S.Nirmal, learned Standing Counsel for the CBSE appearing for R-1 and R-2. In the nature of the order that is proposed to be passed in this petition, notice to R-3 will stand dispensed with. W.P.(C) No.5734 of 2019 3 3. According to the petitioner, his correct date of birth in Ext.P-1 birth certificate is shown as “05.08.1989” and the said birth has been registered on 16.08.1989. That mistakes occurred while recording the said date of birth in the school records, wherein it was shown as “05.08.1990”, which resulted in the said mistake being repeated in Ext.P-5 mark list issued by the CBSE authorities, wherein also it has been shown as “05.08.1990”. The entries in a statutory birth certificate as in Ext.P-1 will have force of statutory presumption about its correctness. However, what stands in the way of the petitioner is essentially the time line laid down by the CBSE authorities for correction of such mistakes in the school and CBSE records. In Ext.P-2 passport, Ext.P-3 Aadhar and in Ext.P-4 PAN card, the date of birth has been shown as the one in Ext.P-1 Birth Certificate. 4. The matter in issue is fully covered by the Division Bench judgment of this Court in _**Subin Mohammed**_ v. _**Union of India**_ , reported 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._ W.P.(C) No.5734 of 2019 4 _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 Rs.5000/-, within two months thereafter.”_ 5. 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 W.P.(C) No.5734 of 2019 5 ## following directions are issued: - _(i) The petitioner will pay cost of Rs. 5,000/- by way of demand draft to the competent authority of the 2[nd] respondent 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] 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 3[rd] respondent school._ - _(iii) Upon receipt of such application along with supporting documents as aforestated, the Principal of the 3[rd] 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-1 birth certificate and communicate the details of such correction in the school records to the 2[nd] respondent CBSE at Chennai._ - _(iv) After receipt of the abovesaid communication from the 3[rd] respondent school, the 2[nd] respondent CBSE will take necessary steps for correction of date of birth in the CBSE records as in Ext.P-5 mark list, pass certificate, etc. so as to be in tune with the entry of date of birth in Ext.P-1 birth certificate._ - _(v) The entire process in this regard should be duly completed by 2[nd] and 3[rd] 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 competent authority of the 2[nd] respondent CBSE, as directed above, failing which the abovesaid directions will stand automatically vacated without any further orders from this Court._ W.P.(C) No.5734 of 2019 6 With these observations and directions, the above Writ Petition (Civil) stands finally disposed of. Sd/- **ALEXANDER THOMAS JUDGE** vgd/12.03.19 W.P.(C) No.5734 of 2019 7 ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE BIRTH CERTIFICATE DATED 20.3.2012 ISSUED FROM CORPORATION OF THRISSUR SHOWING THE DATE BIRTH OF PETITIONER AS 5.8.1989** - **EXHIBIT P2 TRUE COPY OF THE PASSPORT OF THE PETITIONER ISSUED BY THE REGIONAL PASSPORT OFFICER, KOCHI FOR THE PERIOD 20.12.2022 WITH DATE OF BIRTH AS 5.8.1989** - **EXHIBIT P3 TRUE COPY OF THE AADHAR CARD ISSUED BY THE GOVERNMENT OF INDIA WITH YEAR OF BIRTH 1989 TO THE PETITIONER** - **EXHIBIT P4 TRUE COPY OF THE PAN CARD ISSUED BY THE INCOME TAX DEPARTMENT TO THE PETITIONER WITH DATE OF BIRTH AS 5.8.1989** **EXHIBIT P5 TRUE COPY OF THE MARKS STATEMENT AWARDED TO THE PETITIONER BY THE CENTRAL BOARD OF SECONDARY EDUCATION WITH DATE OF BIRTH AS 5.8.1990** - **EXHIBIT P6 TRUE COPY OF APPLICATION FORM SUBMITTED TO THE 2ND RESPONDENT THROUGH THE 3RD RESPONDENT FOR CORRECTION OF DATE OF BIRTH ENTRY** - **EXHIBIT P6 A TRUE COPY OF THE APPLICATION FOR ADMISSION TO STANDARD-1 SUBMITTED BY THE FATHER OF THE PETITIONER AT 3RD RESPONDENT SCHOOL WITH DATE OF BIRTH AS 5.8.1990** - **EXHIBIT P6 B TRUE COPY OF THE ADMISSION REGISTER OF 3RD RESPONDENT SCHOOL SHOWING THE NAME OF THE PETITIONER** - **EXHIBIT P6 C TRUE COPY OF THE TRANSFER CERTIFICATE ISSUED BY SDV HIGH SCHOOL, PERAMANGALAM TO THE PETITIONER** W.P.(C) No.5734 of 2019 8 |**EXHIBIT P6**|**D**|**TRUE COPY OF THE APPLICATION FOR ADMISSION**| |---|---|---| |||**TO STANDARD-VII SUBMITTED BY THE FATHER OF**| |||**THE PETITIONER AT 3RD RESPONDENT SCHOOL**| |||**WITH DATE OF BIRTH AS 5.8.1990**| |**EXHIBIT P6**|**E**|**TRUE COPY OF THE LIST OF CANDIDATE**| |||**SUBMITTED TO THE 2ND RESPONDENT BY THE 3RD**| |||**RESPONDENT AT THE TIME OF EXAM FOR CLASS-X**|