Praveen N.D. v. Central Board of Secondary Education and Jawahar Navodaya Vidyalaya Kannur

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 9TH DAY OF JULY 2018 / 18TH ASHADHA, 1940 WP(C).No. 22289 of 2018** **PETITIONER(S) ------------** **PRAVEEN.N.D, S/O.DEVASIA N.T, AED 29 YEARS, RESIDING AT NAGATHOLIL HOUSE, WEST ELERI P.O, KUNNUMKAI, NILEESWARAM, KASARAGOD-671 314.** **BY ADVS.SRI.MAHESH V RAMAKRISHNAN SMT.CHITHRA.S.BABU** ## **RESPONDENT(S):** **--------------** - **1.THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, REGIONAL OFFICE, 1630A, J-BLOCK, ANNA NAGAR WEST, CHENNAI-600040.** - **2.THE PRINCIPAL, JAWAHAR NAVODAYA VIDYALAYA, CHENDAYAD P.O, KANNUR-670 692.** **R1 BY SRI.NIRMAL S., SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **TS** ## **WP(C).No. 22289 of 2018** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **-----------------------** **EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE DTED 16.11.2012 OF THE PETITIONER ISSUED BY THE PERINGOME-VAYAKKARA GRAMA PANCHAYATH.** **EXHIBIT P2 TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE DATED 27.5.2006 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.** **EXHIBIT P3 TRUE COPY OF THE MARKLIST DATED 27.5.2006 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.** **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 02.7.2013 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANNUR.** **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 06.6.2014 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.** **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 21.3.2014 ISSUED BY THE 1ST RESPONDENT TO THE REGISTRAR OF BIRTHS & DEATHS PERINGOME -VAYAKKARA GRAMA PANCHAYATH. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 13.6.2014 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.** ## **RESPONDENT(S)'EXHIBITS - NIL** **-----------------------------** **/TRUE COPY/** **PS TO JUDGE** **TS 09.07.2018** ## **ALEXANDER THOMAS, J. ======================== W.P.(C)No.22289 of 2018** **=========================** Dated this the 09[th] day of July, 2018 ## **JUDGMENT** It is averred that the petitioner had passed the Secondary School Examination Certificate under the 1[st] respondent Central Board of Secondary Education (C.B.S.E), from the 2[nd] respondent Jawahar Navodaya Vidyalaya, Chendayad, Kannur. The grievance of the petitioner is that his date of birth was earlier erroneously shown in the school records and in the records of CBSE as 04.06.1990 as discernible from Exts.P-2 and P-3. Further, it is stated that the date of birth of the petitioner has been registered correctly as 03.02.1989 in the register maintained by the statutory Registrar of Births and Deaths of the Peringome-Vayakkara grama panchayath and the birth of the petitioner was registered with that Registrar on 14.02.1989. The petitioner could secure a copy of the said birth certificate issued by the Registrar of Birth and Deaths of the grama panchayaths concerned as per Ext.P-1 dated 16.11.2012, wherein it is shown that the petitioner's date of birth is 03.02.1989 and that the birth was registered on 14.02.1989 as per the W.P.(C)No.22289 of 2018 2 provisions contained in the Registration of Births and Deaths Acts, 1969 and the Rules framed thereunder. Earlier, the petitioner had studied in a school which was governed by the provisions of the Kerala Education Act and the Kerala Education Rules and the wrong entry of his date of birth in the said school records has been ordered to be corrected by Ext.P-4 proceedings dated 02.07.2013 of the District Educational Officer, Kannur under the provisions of the Kerala Education Rules. In Ext.P-4, the date of birth of the petitioner has been corrected as 03.02.1989 instead of 04.06.1990. The petitioner thereafter submitted an application for correction of the date of birth as entered in CBSE records, which is referred to in Ext.P-5. By Ext.P-5 dated 06.06.2014, the authorities of the 1[st] respondent CBSE had insisted that they should verify these aspects from the grama panchayath office which issued Ext.P-1 birth certificate. Thereafter, it appears that the 1[st] respondent CBSE authorities had addressed a letter dated 21.03.2014 to the Registrar of Births & Deaths of the said grama panchayath on 21.03.2014 seeking verification of the details. The 2[nd] respondent School has intimated the above said developments to the petitioner W.P.(C)No.22289 of 2018 3 as per Ext.P-7 letter dated 13.06.2014. It is in the light of these factual averments the petitioner has filed the instant writ petition with the following prayers: “i) To issue a Writ of Mandamus or any other appropriate writ, order of direction, directing the Respondent No.1 to correct the petitioner's date of birth in the records maintained by them and in Ext.P2 Certificate P3 Marklist and all the related records, thereby entering the correct date of birth as shown in the Ext.P1 Birth Certificate; ii) Award cost of these proceedings to the petitioner; and iii) Pass such other or further orders as this Hon'ble court may deem fit and proper in the circumstances of the case.” 2. Heard Sri.Mahesh V.Ramakrishnan, learned counsel appearing for the petitioner and Sri.S.Nirmal, learned Standing Counsel for the CBSE appearing for the 1[st] respondent. In the nature of the orders proposed to be passed in the petition, notice to R2 School will stand dispensed with. 3. When the matter had come up for consideration on 04.07.2018, the learned Standing Counsel for the CBSE appearing for the 1[st] respondent had sought for time to get instructions. Now it is submitted by Sri.S.Nirmal, learned Standing Counsel W.P.(C)No.22289 of 2018 4 appearing for the 1[st] respondent CBSE authorities on the basis of instructions of that party that since the date of birth of the petitioner has been corrected by the statutory authorities constituted under the Kerala Education Rules as per Ext.P-4 and as the statutory birth register maintained by the Registrar of Births and Deaths has entered the date of birth of the petitioner as 03.02.1989, the 1[st] respondent is prepared to consider the request of correction, and orders in that regard could be issued by this Court. 4. A Division of Bench of this Court in the case in _**Subin Muhammed.S.**_ v. _**Union of India**_ reported in _**2016(1)KLT340** ,_ has also held in para 39 thereof that while considering a petition filed under Article 226 of the Constitution of India, it is always open for the Court to pass appropriate orders taking into account the facts and circumstances of each case and taking into consideration the aspect that future prospects of the candidates to study or to get employment abroad will be prejudicially affected if the entry of the date of birth in the mark sheet does not tally with that in the birth certificate. Accordingly, W.P.(C)No.22289 of 2018 5 ## the Division Bench in _**Subin Muhammed's case**_ (supra) of this Court has issued the following directions in paras 39 & 41, which read as follows: “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. **==> picture [160 x 6] intentionally omitted <==** 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 `5,000/- (Rupees Five thousand only) as cost to C.B.S.E. within a period of one month.” W.P.(C)No.22289 of 2018 6 Directions which have been issued by this Court in a series of cases relating to the correction of date of birth in the CBSE records, as can be seen from judgment dated 29.08.2017 in W.P(C)No.20661/2017, judgment dated 02.07.2018 in W.P(C)No.21845/2018 etc. Accordingly, it is ordered that the competent authority of the 1[st] respondent CBSE would ensure that the entries of the date of birth of the petitioner in Exts.P-2 and P-3 and any other CBSE records should be corrected and entered therein as 03.02.1989 instead of 04.06.1990. These directions are issued on the basis of the date of birth of the petitioner as entered in Ext.P-1 register of births and deaths which is maintained in terms of the provisions of the Registration of Births and Deaths Acts, 1969 and the rules framed thereunder. However, it is ordered that this will be subject to the condition that the petitioner should pay cost of Rs.5000/- to the 1[st] respondent, for the belated approach in getting the date of birth corrected in the CBSE records. Cost in that regard should be paid to the 1[st] respondent, without much delay. On remitting the cost and on receiving the certified copy of this judgment, necessary correction of the date of W.P.(C)No.22289 of 2018 7 birth should be rendered by the 1[st] respondent CBSE authorities, without much delay preferably within a period of 2 weeks from the date of receipt of this judgment. Sd/- **ALEXANDER THOMAS, JUDGE** vgd/11.07.18