High Court of KeralaSingle Judge2021-10-06Disposed of

Parvathy S. J. v. Central Board of Secondary Education and Others

Case / Petition Number:WP(C) No.18320 of 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2021-10-06
Court Decision / Holding: Writ petition disposed of as above; the petitioner is allowed to pursue change of date of birth by submitting an application to the second respondent CBSE. The sixth respondent shall consider the request in light of the Apex Court's Jigya Yadav framework and the conditions stated therein. The post-judgment note corrects the word 'second' to 'fifth' in a separate order.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Parvathy S. J.

Respondents

The Assistant Secretary, Central Board of Secondary Education, Regional Office, Chennai
The Joint Secretary and Regional Officer, Central Board of Secondary Education, Thiruvananthapuram
The Chairman, Central Board of Secondary Education, Shiksha Kendra, Delhi
The Controller of Examinations, Central Board of Secondary Education, Chennai
The Principal, Sabarigiri Senior Secondary School, Tholicode, Kollam
Addl. Respondent No.6: Regional Officer, CBSE, Chennai

Legal Representation & Advocates

Counsels for Petitioners

• B. Mohanlal

Counsels for Respondents

• Sri Nirmal S., Senior Counsel, CBSE

Case Synopsis & Summary

Parvathy S. J., the petitioner in WP(C) 18320/2021 before the Kerala High Court, seeks correction/change of the date of birth recorded in the CBSE school records and CBSE certificates. She asserts her true DOB is 05.10.1992, but the public certificate on record shows 04.04.1994, a discrepancy she supports with Ext.P5, the Kollam Corporation birth certificate. The petitioner completed 10th standard in 2009 and explains the correction was not pursued earlier; the need to correct became urgent after marriage when applying for a spouse visa. She relies on Jigya Yadav v. CBSE (SC), which categorises corrections and changes and holds that corrections to align CBSE certificates with public documents can be entertained under reasonable conditions. The division of the two situations frames the court’s approach: a correction (already aligned with school records) or a change (where the board’s entries conflict with public documents). The court notes delay but finds the request falls within the change category and that public-document presumptions cannot be ignored; it outlines the Apex Court-guided conditions, including an affidavit of indemnity, payment of fees, possible public notice, surrender of the original certificate, and a prospective certificate with disclaimer if needed. The court directs that on filing an application by the petitioner, the sixth respondent shall consider the request in light of Jigya Yadav, and disposes of the petition accordingly. A clerical post-judgment correction changes 'second' to 'fifth' in a note.

Provisions of Law Cited

Indian Evidence Act, 1872

Legal Doctrines & Maxims

Presumption as to public documents (Indian Evidence Act, 1872)
Classification of 'correction' and 'change' of particulars as laid down in Jigya Yadav v. CBSE, 2021 (3) KLT 711 (SC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the date of birth recorded in CBSE school records and CBSE certificates is erroneous; she asserts her true DOB as 05.10.1992, supported by Ext.P5 birth certificate. She completed 10th standard in 2009 and seeks correction to align records with public documents. She relies on Jigya Yadav v. CBSE (SC) to classify corrections vs changes and to argue that permissible changes can be entertained with reasonable conditions. Despite delay, she contends the Board must consider the request; she asks the sixth respondent to decide the change in light of the Supreme Court judgment.

Contentions of Respondents

The CBSE, through its counsel, did not have explicit arguments in the order text; the Board’s position is to apply due process and adhere to established procedures for corrections/changes in CBSE certificates, and to apply the Jigya Yadav framework and its conditions.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Jigya Yadav v. CBSE	2021 (3) KLT 711 (SC)	Positive	Court relies on Jigya Yadav for the framework on corrections/changes of CBSE certificates and the conditions to be imposed.
W.A. No. 1533/2020	W.A.No.1533/2020	Mentioned Only	Exhibit P4 references a judgment in this High Court; it is not discussed as a controlling authority in the text.

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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 SATHISH NINAN** **WEDNESDAY, THE 6[TH] DAY OF OCTOBER 2021 / 14TH ASWINA, 1943** **WP(C) NO. 18320 OF 2021** ## **PETITIONER:** PARVATHY S. J. AGED 29 YEARS D/O. JAYASREE D., NANDANAM, BHARANIKAVU, PUNALUR P. O., KOLLAM - 691 305, FROM NANDANAM, NELLIPPALLY P. O., PUNALUR, KOLLAM - 691 008. BY ADV B.MOHANLAL ## **RESPONDENTS:** 1 THE ASSISTANT SECRETARY CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI - 40. 2 THE JOINT SECRETARY AND REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, 2ND FLOOR, BLOCK -G, LIC DIVISIONAL OFFICE CAMPUS, PATTOM P. O., THIRUVANANTHAPURAM - 695 004. 3 THE CAIRMAN CENTRAL BOARD OF SECONDARY EDUCATION, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREETH VIHAR, DELHI - 110 092. 4 THE CONTROLLER OF EXAMINATIONS CENTRAL BOARD OF SECONDARY EDUCATION, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI - 40. 5 THE PRINCIPAL SABARIGIRI SENIOR SECONDARY SCHOOL, THOLICODE P. O., PUNALUR, KOLLAM - 691 333. ***** ADDL. R6 REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3, J-BLOCK, ANNA NAGAR (WEST), CHENNAI - 40. ***** [ADDL. RESPONDENT NO.6 IS SUO MOTU IMPLEADED IN THIS WRIT PETITION AS PER ORDERS OF THIS COURT DATED 06.10.2021] BY ADV SRI.NIRMAL S., SC, CBSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W. P. (C) No.18320 of 2021** **= = = = = = = = = = = = = = = = = = Dated this the 6[th] day of October, 2021** ## **J U D G M E N T** Contending that the request of the petitioner for correction of date of birth in the school records and the records of the Central Board of Secondary Education (CBSE) was not entertained by the Board, the petitioner has approached this Court. 2. According to the petitioner, her date of birth is **05.10.1992** , but has been erroneously recorded in the school records as **04.04.1994** . The petitioner relies on Ext.P5 birth certificate issued by the Registrar of Births and Deaths, Kollam Corporation, to substantiate the same. 3. The petitioner completed her 10[th] standard in the year 2009. She seeks for correction of the school records at this distance of time. According to the petitioner, the mistake was noticed only now, when after ## **W. P. (C) No.18320 of 2021** -: 2 :- her marriage, steps were taken to secure a spouse visa to join her husband. 4. The right of a student of the Board to seek for correction/change of the particulars in the school records and the certificates issued by the Board has been dealt with exhaustively by the Apex Court in _**Jigya Yadav v. CBSE [2021 (3) KLT 711 (SC)]**_ . The situations were divided into two categories namely, where “correction” is sought and, where “change” is sought. Under the category of “corrections” the Apex Court included cases where the certificates issued by the Board were required to be made consistent with the particulars mentioned in the school records. In the category of “change” of particulars, two situations were contemplated-firstly, where by the records of the Board provide particulars different from that provided in public documents like birth certificate, aadhar card, election card etc. and secondly, a case of request for change of name consequent to the acquisition of a name by choice at a **W. P. (C) No.18320 of 2021** -: 3 :- later point of time. 5. In the case at hand, the issue involved relates to “change” of particulars in the certificate issued by the CBSE to make it consistent with public document and hence would fall within the first classification, of the second category. With regard to the said cases, the Apex Court observed that the legal presumption in relation to public documents as envisaged in the Indian Evidence Act, 1872 cannot be ignored by the Board. It was accordingly held that, request for effecting such changes in the certificates issued by the Board, to make it in conformity with the public documents, could be entertained. It was further observed by the Apex Court that the Board is entitled to impose reasonable conditions while considering such request. The conditions observed by the Apex Court are:- (a) An affidavit containing a declaration and an undertaking to indemnify the Board. (b) Payment of fee for administrative expenses. ## **W. P. (C) No.18320 of 2021** -: 4 :- (c) The Board may in a given case, depending on the facts, require effecting of public notice and publication in the official gazette. (d) Require surrender of the original certificate. (e) A fresh certificate issued may contain disclaimer and caption/annotation against the original entry. (Except in respect of change of name effected in exercise of 'right to be forgotten'.) 6. While it is true that there has been delay on the part of the petitioner in seeking for the “change”, the explanation offered by the petitioner that the mistake was noticed only recently when steps were taken for securing a spouse visa after her marriage, cannot be brushed aside, especially considering her age. Hence, I am of the opinion that the petitioner's request is liable to be considered. 7. Accordingly it is ordered that, on the petitioner submitting an application for change of date of birth through the second respondent school on **W. P. (C) No.18320 of 2021** -: 5 :- complying with the requirements as above, then the sixth respondent shall consider the same in the light of the judgment of the Apex Court referred to supra. Writ petition is disposed of as above. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge **W. P. (C) No.18320 of 2021** -: 6 :- **The word “second” mentioned in the 3[rd] line of the 7[th] paragraph of the judgment dated 06.10.2021 in WP(C) 18320/2021 is corrected as “fifth” as per order dated 12.10.2021 in IA 2/2021 in WP(C) 18320/2021(L).** **SD/JOINT REGISTRAR** ## **APPENDIX OF WP(C) 18320/2021** ## PETITIONER EXHIBITS |Exhibit P1|THE TRUE COPY OF BIRTH CERTIFICATE DATED| |---|---| ||04.09.2021 ISSUED BY THE REGISTRAR OF BIRTHS| ||AND DEATHS, KOLLAM CORPORATION TO THE| ||PETITIONER.| |Exhibit P2|THE TRUE COPY OF THE MARKS STATEMENT OF| ||SECONDARY SCHOOL EXAMINATION 2009 DATED| ||26.05.2009 ISSUED BY THE 4TH RESPONDENT TO| ||THE PETITIONER.| |Exhibit P3|THE TRUE COPY OF THE ORDER NO.CBSE/COORD/AS/| ||C/2017 DATED 01.02.2018 ISSUED BY THE 4TH| ||RESPONDENT.| |Exhibit P4|THE TRUE COPY OF THE JUDGMENT DATED| ||03.12.2020 IN W.A.NO.1533/2020 OF THIS| ||HON'BLE COURT.| |Exhibit P5|THE TRUE COPY OF CORRECTED BIRTH CERTIFICATE| ||ISUED BY THE REGISTRAR OF BIRTH AND DEATH,| ||KOLLAM CORPORATION DATED 7.9.2021| -----