Pournami A.S. v. Regional Officer, CBSE, Controller of Examinations, CBSE, and Principal, Sree Narayana Samskarika Samithy Public School

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 22ND DAY OF JANUARY 2019 / 2ND MAGHA, 1940** ## **WP(C).No. 1844 of 2019** ## **PETITIONER:** **POURNAMI A.S., D/O. AJITH KUMAR, AGED 27 YEARS, VRINDAVAN, PAZHAGALAM, NELLILA, KUNDARA, KOLLAM 691 501.** **BY ADVS.SRI.PRATHEESH.P, SMT.RASHMI K.R. & SMT.S.SEETHA** ## **RESPONDENTS:** - **1 REGIONAL OFFICER, CBSE, REGIONAL OFFICE, ANNA NAGAR WEST, CHENNAI 600 101.** - **2 THE CONTROLLER OF EXAMINATIONS, CBSE, NEW DELHI 110 001.** - **3 THE PRINCIPAL, SREE NARAYANA SAMSKARIKA SAMITHY PUBLIC SCHOOL, PERUMPUZHA P.O, KOLLAM 691 504.** ## **SRI.S.NIRMAL, SC, CBSE FOR R1 AND R2** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON** **22.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## ALEXANDER THOMAS, J. --------------------------------- ## W.P.(C)No.1844 of 2019 -------------------------------Dated this the 22[nd] day of January, 2019 ## J U D G M E N T The petitioner is aggrieved by the impugned decision of the 1[st] respondent Regional Officer, CBSE, rendered as per Ext.P-4 order dated 11.4.2018 whereby her request for correction of date of birth in the School and CBSE records so as to be in tune with the entry of date of birth as certified in Ext.P-1 statutory Birth Certificate, as been rejected on the ground that the request made by the petitioner cannot be entertained due to the time line in that regard stipulated by the applicable CBSE norms. 2. The prayers in the above Writ Petition (Civil) are as follows. " - _i. To issue a writ of mandamus directing the 3[rd] respondent to correct the entries in the school records regarding the date of birth of the petitioner as 14.11.1992 and simultaneously forward the same to the 1[st] respondent to correct in the CBSE certificate and mark statement issued to the petitioner in the examination conducted in the year 2008._ - _ii. To issue a writ of certiorari and quash Ext.P4 and correct the records with regard to the date of birth of the petitioner and the mistakes in Ext.P2 and P3 as 14.11.1991._ _iii. To declare that the petitioner's date of birth is 14.11.1991. iv. To pass such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. "_ 3. Heard Sri.P.Pratheesh, learned counsel appearing for the petitioner and Sri.S.Nirmal, learned Standing Counsel for W.P.(C).No.1844/2019 **==> picture [19 x 9] intentionally omitted <==** CBSE appearing for the respondents 1 and 2. In the nature of the orders proposed to be passed in this writ petition, notice to contesting respondent No.3 (School) will stand dispensed with. 4. According to the petitioner, her date of birth has been correctly shown in Ext.P-1 statutory Birth Certificate issued under the enabling provisions contained in the Registration of Births and Deaths Act, 1969, as 14.11.1991 and that the birth has been so registered thereby on 21.11.1991. Mistakes have crept in while admitting the petitioner in the school whereby the date of birth has erroneously shown as 14.11.1992, instead of 14.11.1991 and the said mistake was also repeated in CBSE records as per Ext.P-2 All India Secondary School Examination, 2008 certificate dated 27.5.2008, Ext.P-3 CBSE marklist dated 27.5.2008, etc. A perusal of Ext.P-1 statutory Birth Certificate would show that the date of birth of the petitioner shown therein as 14.11.1991 and the birth has been so registered thereby on 21.11.1991. If as a matter of fact, the petitioner was actually born on 14.11.1992 as shown in the School and CBSE records, then certainly it has been almost impossible for getting her birth registered on 21.11.1991 which is much prior to the date of birth as shown in the School and CBSE records. This W.P.(C).No.1844/2019 **==> picture [19 x 9] intentionally omitted <==** factual aspect alone would give serious credence and reliability about the correctness of the date of birth shown in Ext.P-1 Birth Certificate. Moreover, since Ext.P-1 Birth Certificate has been issued under the provisions of the abovesaid Act, the entry regarding that factual aspect will also carry the force of statutory presumption about its correctness. What now essentially stands in the way of the petitioner is the time line stipulated in the applicable CBSE norms for making application for correction in that regard in as much as the CBSE records as per Exts.P-2 & P-3 has been issued as early as on 27.5.2008 and her request for correction was made as per letter dated 7.2.2018 of the petitioner. 5. 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.1844/2019 ..5.. _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.”_ 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 W.P.(C).No.1844/2019 ..6.. 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-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 1[st] 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 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 Exts.P-1 & P-2 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 the respondents without much delay, preferably within a period of 2_ W.P.(C).No.1844/2019 **==> picture [18 x 9] intentionally omitted <==** _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 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 MMG W.P.(C).No.1844/2019 ..8.. ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1** **THE COPY OF BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTH AND DEATH, KOLLAM MUNICIPALITY PERTAINING TO THE PETITIOENR.** **EXHIBIT P2 THE COPY OF SECONDARY EXAMINATION, 2008, CERTIFICATE ISSUED TO THE PETITIONER DATED 27-05-2008** **EXHIBIT P3 THE COPY OF MARK STATEMENT ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** **EXHIBIT P4** **THE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DATED 11-4-2018**