Sameeha K. v. Central Board of Secondary Education and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE AMIT RAWAL ``` ``` TUESDAY, THE 26[TH] DAY OF JULY 2022 / 4TH SRAVANA, 1944 WP(C) NO. 23339 OF 2022 ``` ## **`PETITIONER:`** ``` SAMEEHA K., AGED 31 YEARS, D/O. MOIDEEN, VELLARANGAL HOUSE, VAYAPPARAPPADI, MANJERI,MALAPPURAM DISTRICT, PIN – 676121 BY ADVS. NABIL KHADER YEDU KRISHNAN R. ABDUL SHUKOOR MUNDAMBRA ``` ## **`RESPONDENTS:`** ``` 1THE CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, HAVING ITS HEAD OFFICE AT SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI , PIN – 110092 2THE REGIONAL OFFICER, REGIONAL OFFICE, CBSE, BLOCK B, 2D FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, PIN – 695001 3THE PRINCIPAL, MUBARAK ENGLISH SCHOOL, MANJERI COLLEGE- POST, MANJERI, MALAPPURAM DISTRICT, PIN – 676122 *ADDL.4THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, J-BLOCK, 16TH MAIN ROAD, ANNA NAGAR [WEST], CHENNAI, TAMIL NADU – 600 040 (*IS SUO MOTU IMPLEADED AS ADDITIONAL 4TH RESPONDENT AS PER ORDER DATED 26.07.2022) ``` ``` WP(C) NO. 23339 OF 2022 ``` **==> picture [22 x 9] intentionally omitted <==** ``` BY ADV. SRI NIRMAL S., SC ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 23339 OF 2022 ``` ``` -3- ``` ## **`JUDGMENT`** Petitioner was a 10[th] standard student of Mubarak English School situated at Manjeri, Malappuram in the year 2008. Grievance of the petitioner in this case is that her Date of Birth in the Birth Certificate issued by the Registrar of Birth and Deaths of Manjeri Municipality was recorded as 27.09.1991 whereas it is mentioned in the mark sheet as 27.07.1992 and owing to such error, an application was submitted to third respondent i.e., Principal, Mubarak English School, Manjeri vide Ext.P5. The aforementioned application was duly replied by the respondent vide communication dated 08.06.2022 Ext.P6 informing the petitioner that the file containing the documents pertaining to the petitioner had been irrecoverably lost. In this view of the matter petitioner submitted a representation dated 21.06.2022 Ext.P7 to the first respondent i.e., Central Board of Secondary Education, Head Office at Shiksha Kendra, Preet Vihar, Delhi. But no steps have been taken for re-issuance of ``` WP(C) NO. 23339 OF 2022 ``` ``` -4- ``` the mark sheet with corrected date of Birth. 2. Learned counsel for the petitioner submits that the controversy with regard to the correction in the date of birth has been set at rest by Honorable Supreme Court in **Jigya Yadav Vs. Central Board of Secondary Education** (2021 (3) KLT 711(SC)), though the question of limitation has been kept open, thus prays for issuance of appropriate directions to respondents to entertain the application and pass order in accordance with law. 3. Learned counsel appearing on behalf of the first respondent submits that Regulation 69.3 of the CBSE Examination Byelaws prescribes the limitation of five years from the date of declaration of result for entertaining the application for correction in the date of birth, but do not deny the directions contained in the order of this Court and various other orders passed from time to time noticing the directions contained in **Jigya Yadav** (supra) regarding submission of the undertaking and an affidavit. ``` WP(C) NO. 23339 OF 2022 ``` ``` -5- ``` 4. I have heard learned counsel for the parties and appraised the paper book. 5. No doubt the Regulation 69.3 prescribes the period of limitation of five years for submission and entertainment of the application for correction of date of birth and the question of limitation in the judgment of **Jigya Yadav** (supra) was kept open with a further direction to amend the Byelaws. It is conceded position on record that the byelaw has not so far has been amended and the same is pending under consideration. This judgment has been followed in the judgment of this Court dated 8.4.2022 in Writ Petition (C) No.29182 of 2021 titled as **Ananthu Ashok v. The Regional Office, Central Board of Secondary Education** , the relevant paragraphs of which read as under whereby the candidate was required to submit an affidavit and indemnity bond envisaging the conditions stipulated in ## **Jigya Yadav** (supra): “6. In the case at hand, the issue involved relates to “change” of particulars in the ``` WP(C) NO. 23339 OF 2022 ``` ``` -6- ``` certificate issued by the CBSE to make it consistent with public documents 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. (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 ``` WP(C) NO. 23339 OF 2022 ``` ``` -7- ``` original entry. (Except in respect of change of name effected in exercise of 'right to be forgotten'.) 1.7. 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 is acceptable. Hence, I am of the opinion that the petitioner's request is liable to be considered.” Additional respondent No.4 is directed to take a call on the representation based on the documents submitted by the petitioner, i.e., Mark sheet of 10[th] standard and the certificate issued by the Registrar of Births and Deaths dated 02.08.2018 Ext.P1, in in terms of the judgment of this Court in W.P(C) No.29182 of 2021 within a period of one month from the date of receipt of a certified copy of the judgment. ``` Sd/- ``` ## **`AMIT RAWAL`** ``` JUDGE ``` ``` vv ``` ``` WP(C) NO. 23339 OF 2022 ``` ``` -8- ``` ## **`APPENDIX OF WP(C) 23339/2022`** ## **`PETITIONER EXHIBITS`** - `Exhibit P1` ``` TRUE COPY OF BIRTH CERTIFICATE ISSUED BY REGISTRAR OF BIRTH AND DEATHS, MANJERI MUNICIPALITY DATED 02.08.2018 ``` - `Exhibit1 TRUE COPY OF BIRTH CERTIFICATE ISSUED BY REGISTRAR OF BIRTH AND DEATHS, MANJERI MUNICIPALITY DATED 02.08.2018` - `Exhibit P2 TRUE COPY OF CERTIFICATE ISSUED BY THE 3RD RESPONDENT PRINCIPAL, MUBARAK ENGLISH SCHOOL, MANJERI DATED 04.11.1998` - `Exhibit7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 21.06.2022` - `Exhibit P3 TRUE COPY OF CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 27.05.2008` - `Exhibit P4 TRUE COPY OF MARKSHEET ISSUED BY THE FIRST RESPONDENT DATED 27.05.2008` - `Exhibit P5 TRUE COPY OF THE REQUEST LETTER SUBMITTED TO THE PRINCIPAL DATED 24.05.2022` - `Exhibit P6 TRUE COPY OF THE REPLY LETTER GIVEN BY 3RD RESPONDENT DATED 08.06.2022` - `Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE 1ST RESPONDENT DATED 21.06.2022`