RESHMI L.R. v CENTRAL BOARD OF SECONDARY EDUCATION and Others

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940** ## **WP(C).No. 24287 of 2018** ## **----------------------** ## **PETITIONER:** **RESHMI L.R., AGED 29, W/O.ARUN A P., GURU VIHAR, KARAKKONAM POST, THIRUVANANTHAPURAM DISTRICT-695504.** **BY ADVS.SRI.G.P.SHINOD** **SRI.RAM MOHAN.G. SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR** ## **RESPONDENTS:** **1. CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS CHAIRMAN,SIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI-110002.** **2. THE CHAIRMAN,** - **CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI-110002.** **3. THE CONTROLLER OF EXAMINATIONS,** - **CENTRAL BOARD OF SECONDARY EDUCATION, SIKSHA SADAN, 17, ROUSE AVENUE, NEW DELHI-110002.** **4. THE REGIONAL OFFICER,** - **CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM-695004.** **5. SARVODAYA CENTRAL VIDYALAYA, REPRESENTED BY ITS PRINCIPAL, NALANCHIRA, THIRUVANANTHAPURAM-695015.** **6. THE PRINCIPAL,** - **SARVODAYA CENTRAL VIDYALAYA, NALANCHIRA, THIRUVANANTHAPURAM-695015.** **ADDL. R7 IMPLEADED** **7. THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NOW.3, J-BLOCK, ANNA NAGAR, CHENNAI - 600 040.** **ADDL. R7 IS IMPLEADED AS PER ORDER DATED 20.07.2018 IN THIS WPC.** **R1 TO R3 & ADDL. R7 BY SRI.NIRMAL S., SC** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-07-2018 ALONG WITH WPC.24395/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **mbr/** ## **WP(C).No. 24287 of 2018 (I) --------------------------** ## **APPENDIX** **PETITIONERS' EXHIBITS: ---------------------EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF BIRTH NO.10494/13 ISSUED BY THE SUB-REGISTRAR OF BIRTH AND DEATH, THIRUVANANTHAPURAM CORPORATION DATED 02.05.2013. EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE OF SECONDARY SCHOOL EXAMINATION, 2005 DATED 24.05.2005, ISSUED BY THE THIRD RESPONDENT ON BEHALF OF THE FIRST RESPONDENT. EXHIBIT P3 A TRUE COPY OF THE APPLICATION FOR CORRECTION OF THE DATE OF BIRTH. RESPONDENTS' EXHIBITS: NIL ---------------------/TRUE COPY/ P.S.TO JUDGE** **mbr/ 23.07.2018.** ## ALEXANDER THOMAS, J. ----------------------------- W.P(C).Nos.24287 & 24395 Of 2018 --------------------------------Dated this the 20th day of July, 2018. ## J U D G M E N T As both these cases relate to prayers for directions in the matter of correction of date of birth as entered in the C.B.S.E (Central Board of Secondary Education) records, these cases are disposed of on the basis of this common judgment. 2. It is stated that the date of birth of the petitioner in W.P. (C).No.24287/2018 was correctly shown as 3.10.1989 in Ext.P-1 Birth Certificate issued by the Registrar of Births & Deaths under the provisions of the Registration of Births & Deaths Act and the Rules framed thereunder. That however, her date of birth was erroneously shown as 30.5.1990 in the records of the 5th respondent-School affiliated to the respondent-CBSE, in which the petitioner had studied. That on the basis of wrong entry in the school records, her date of birth was wrongly shown in the Certificate of All India Secondary School Examination, 2005, issued by the C.B.S.E in Exts.P-2(2) and in the mark list issued in that regard as per Ext.P-2(3), etc. That as the petitioner wants to go abroad, she has been advised that the foreign authorities concerned would insist on consistency of date of birth ::2:: W.P(C).Nos.24287 & 24395 Of 2018 as entered in the various documents and if there is variance in her date of birth as shown in the school records, vis-a-vis, Ext.P-1 birth certificate, etc, she will be put to hardship and difficulties in that regard. Accordingly, the petitioner has preferred Ext.P-3 application so as to get her date of birth corrected in the school records and then to forward the same to the C.B.S.E authorities to make necessary correction in the C.B.S.E. records. That the petitioner could reliably understood that as per the norms stipulated by the respondent-CBSE, request for correction of date of birth in the C.B.S.E records has to be made by the aggrieved applicant concerned within 5 years from the date of issuance of such certificate as per the then existing norms, etc. That, as the said period had expired, the authorities will not entertain her application, etc. It is in the light of these aspects, that the instant Writ Petition has been filed seeking the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ or order or direction directing the Respondents 5 to 6 to effect necessary corrections with regard to the date of birth of the petitioner in their records in tune with her date of birth shown in Exhibit P1 Certificate of Birth and forward the same to the 1st respondent for consequential corrections in its records; and (ii) Issue a writ of mandamus or any other appropriate writ or order or direction directing the respondents 1 to 4 to correct the date of birth of the petitioner in Exhibit P2 Marks Statement and other records in concurrence with his date of birth shown in Exhibit P1 Certificate of Birth. (iii) Grant such other and further reliefs that are deemed fit in the facts and circumstances of this case.” ::3:: W.P(C).Nos.24287 & 24395 Of 2018 3. The date of birth of the petitioner in W.P.(C). No.24395/2018 is 16.7.1978 as entered in Ext.P-1 birth certificate issued by the statutory Registrar of Births & Deaths as per the provisions of the above said Act. But that, the petitioner's date of birth was erroneously shown in the school register as 28.5.1979. The petitioner has submitted Ext.P-3 application for correction of his date of birth in the school records, which has been submitted before the 3rd respondent-School. But that, the petitioner has been given to understand that in view of the time bar prescribed by the respondent-CBSE authorities, his application will not be entertained, etc. The prayers in W.P(C).No.24395/2018 reads as follows: 'i) issue a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the 1st respondent, to correct the date of birth of the petitioner in the school register, as recorded in Ext.P1 birth certificate as “16.07.1978”. ii) Issue such other order or direction as this Hon'ble Court may deed fit and proper to grant, in the facts and circumstances of the case.' 4. Heard Sri.G.P.Shinod, learned counsel for the petitioner in W.P.(C).No.24287/2018, Sri.Mathew James, learned counsel for the petitioner in W.P.(C).No.24395 and Sri.S.Nirmal learned Standing Counsel for the respondent-CBSE authorities in these two cases. In the nature of the orders proposed to be passed in this petition, notice to the respondent-school authorities in these cases will stand dispensed with. ::4:: W.P(C).Nos.24287 & 24395 Of 2018 5. On a perusal of the Ext.P-1 birth certificate in W.P.(C). No.24287/2018 would show that date of birth has been entered therein as 3.10.1989 and birth was duly registered with the Registrar or Births & Deaths on 10.10.1989. Whereas the date of birth has been shown in the C.B.S.E records as 30.5.1990. The very registration of the petitioner's birth as per Ext.P-1 registration on 10.10.1989 is a clear pointer that the entry of the date of birth in the school records as 30.5.1990 is wrong. So also, the birth of the petitioner in W.P. (C).No.24395/2018 was registered on 24.7.1978 and the date of birth shown therein is 16.7.1978. Whereas the school records would show his date of birth as 28.5.1979. In this case also the very fact that the registration of the birth of the petitioner therein registered on 24.7.1978 would show the nature of the error of date of birth shown in the school records. A Division Bench of this Court in the judgment in Subin Mohammed v. Union of India , reported in 2016 (1) KLT 340, 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 ::5:: W.P(C).Nos.24287 & 24395 Of 2018 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 the Division Bench in Subin Mohammed's case (supra), 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. 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 `5,000/- (Rupees Five thousand only) as cost to C.B.S.E. within a period of one month.” It is also pointed out that this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017 has issued the directions as in para 4 thereof, ::6:: W.P(C).Nos.24287 & 24395 Of 2018 ## 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. In the light of these aspects, this Court is inclined to direct the respondent-School authorities and the respondent-CBSE authorities to effect necessary changes in the school records and the CBSE records so as to make it in consonance with the entries in the statutory birth certificate. However, this will be subject to the condition that the petitioner in both these cases should pay cost of Rs.5,000/- (Rupees Five Thousand only) to the respondent-CBSE authorities concerned by way of Demand Draft. In the light of these aspects the followings orders are passed in W.P.(C).No.24827/2018:- The petitioner will produce an attested copy of the birth certificate issued by the Registrar of Births & Deaths and make necessary application before the respondent-School authorities ::7:: W.P(C).Nos.24287 & 24395 Of 2018 concerned for correction of date of birth in the school records and forward the records to the CBSE for consequent correction of date of birth in the CBSE mark list and other records. Petitioner may submit his application in that regard along with a certified copy of this judgment. The petitioner will also produce a photocopy of the Demand Draft taken in favour of the respondent-CBSE before the school authority. Upon completion of the abovesaid formalities, the respondent-School authorities should make necessary changes in the school records in respect of date of birth of the petitioner so as to make it in consonance with the entries in the statutory records as stated herein. Thereafter the school authorities should forward the application to the Regional Officer of the respondent-CBSE at Chennai, upon which the said authority will ensure that date of birth of the petitioners are altered in the CBSE records, mark list, etc., so as to make it in tune with the entry in the birth certificate, without much delay, at any rate, within a period of 2 months from the date of receipt of a copy of this judgment. 7. It is pointed out by the petitioner in W.P(C).No.24395/2018 that the 3rd respondent-school therein has already corrected the date of birth of the petitioner in the school records and has already forwarded the application to the respondent-CBSE on 20.6.2018. If that be so, the ::8:: W.P(C).Nos.24287 & 24395 Of 2018 respondent-Regional Officer of the CBSE at Chennai, will take necessary steps to ensure that the date of birth of the said petitioner as shown in the CBSE records, mark list and other records are altered in tune with the entry in the birth certificate. These directions are issued subject to the condition that the respective petitioners should pay cost of Rs.5,000/- as Demand Draft in favour of the respondent-CBSE Regional Office at Chennai, etc. It is pointed out by Sri.Mathew James, learned counsel for the petitioner in W.P.(C).No.24395/2018 that the petitioner is working in the United States and that he urgently requires the corrected CBSE records, etc. Accordingly, it is ordered that the Regional Office of the respondent-CBSE at Chennai would ensure that the corrected CBSE records and mark list, etc., are made available to the said petitioner within 3 weeks from the date of production of a certified copy of this judgment. With these observations and directions, the above Writ Petitions (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS, Judge. Bkn/- // True copy // P.A To Judge //