High Court of KeralaSingle Judge2021-10-22Disposed of; writ petition disposed of with dir...

Sethu Sivan Pillai v. Central Board of Secondary Education (CBSE) and others

Case / Petition Number:WP(C) NO. 15703 OF 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Sathish Ninan
Judgment Date: 2021-10-22
Court Decision / Holding: Writ petition is disposed of as above. It is ordered that, upon the petitioner submitting a fresh application for change of the particulars via the fifth respondent school, and on compliance with the requirements noted (affidavit/indemnity, fees, public notice, surrender of original certificate, possible disclaimer in the new certificate), the Additional seventh respondent shall consider the same in light of the Apex Court’s Jigya Yadav ruling.
Final Disposition: Disposed of; writ petition disposed of with direction to consider afresh on receipt of a fresh application under the conditions laid down, in light of Jigya Yadav (SC).

Parties to the Case

Appellants / Petitioners

Sethu Sivan Pillai

Respondents

The Assistant Secretary, CBSE Regional Office, Chennai
The Joint Secretary and Regional Officer, CBSE, Thiruvananthapuram
The Chairman, CBSE, Shiksha Kendra, Delhi
The Controller of Examinations, CBSE, Chennai
The Principal, Amrita Vidyalayam, Pandalam, Pathanamthitta
The Principal, Modern International School (Code No.72568), Saudi Arabia
Addl. R7, The Regional Officer, CBSE P.S. 1-2, Patparganj, New Delhi

Legal Representation & Advocates

Counsels for Petitioners

• Adv B. Mohanlal

Counsels for Respondents

• Sri Nirmal S., Standing Counsel, CBSE
• K. Manoj Chandran
• Sri Bimal K. Nath, Senior Government Pleader

Case Synopsis & Summary

The petitioner, Sethu Sivan Pillai, seeks correction of CBSE records to reflect his correct name, date of birth, and parental details in CBSE-issued certificates and related records. He asserts misentries in the CBSE record, supported by Exts. P1–P5 (birth certificates, a gazette change of name, SSLC book, Aadhaar, and gazette notification). The Board reportedly refused to entertain the correction/change. The petitioner relies on the Supreme Court’s Jigya Yadav v. CBSE decision (2021) which delineates two categories of corrections: (i) ‘correction’ to align CBSE certificates with school/public documents, and (ii) ‘change’ when CBSE records differ from public documents or reflect a later acquired name. The Court frames the issue in terms of ‘change’ of particulars and acknowledges the legal presumption in favor of public documents under the Indian Evidence Act, 1872, allowing corrections with conditions. The petitioner, aged around 23, explains the delay as due to preparations for further studies abroad. The Court notes the change of name via Gazette (Ext. P5) and contends the petition merits afresh consideration in light of Jigya Yadav. It disposes the petition with a direction that, on a fresh application through the fifth respondent school and compliance with noted conditions, the Additional seventh respondent CBSE officer shall consider the request in light of the Apex Court’s ruling."

Provisions of Law Cited

Indian Evidence Act, 1872

Legal Doctrines & Maxims

Presumption of accuracy/authenticity of public documents under the Indian Evidence Act, 1872.
Right to be forgotten (as referenced in relation to name change under Gazette Ext. P5).
Two-category framework for corrections and changes in CBSE records (as per Jigya Yadav v. CBSE)
Board may impose reasonable conditions while considering such requests (affidavit/indemnity, fees, public notice, surrender of original certificate, disclaimer on fresh certificate).

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the CBSE records should be corrected/changed to reflect the petitioner’s public documents, relying on Jigya Yadav v. CBSE (SC), and argues for rectification of name, date of birth, and parents’ names. The delay is explained by the petitioner’s focus on higher studies abroad, and Exts. P1–P5 support the asserted entries. The Gazette change (Ext. P5) of name from 'Sethu' to 'Sethu Sivan Pillai' is cited to justify the requested correction. The petitioner seeks affording an opportunity for correction in line with the Supreme Court’s guidance, with appropriate safeguards.

Contentions of Respondents

The CBSE respondents defend the Board’s procedures and emphasize that corrections/changes must follow statutory and regulatory guidelines. They rely on Jigya Yadav to indicate conditions under which corrections can be entertained (affidavits, indemnity, fees, public notice, surrender of original certificate, and possible disclaimers). They contend that any change should align with public documents and that the Board is entitled to impose reasonable conditions. They note the delay and seek to ensure due process and proper documentation before any modification to official records.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Jigya Yadav v. CBSE	2021 (3) KLT 711 (SC)	Positive	The Supreme Court’s ruling is cited as the controlling framework for corrections/changes to CBSE records, establishing the two-category approach and the conditions under which corrections may be entertained.
W.A. No. 1533 of 2020	W.A.No.1533/2020	Mentioned Only	Cited as a background reference (Exhibit P9) from this Court; used for contextual background rather than as a directly binding precedent in the present decision.

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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 FRIDAY, THE 22[ND] DAY OF OCTOBER 2021 / 30TH ASWINA, 1943** ## **WP(C) NO. 15703 OF 2021** ## **PETITIONER:** SETHU SIVAN PILLAI AGED 23 YEARS S/O.SIVAN PILLAI G., NILAKKALATH HOUSE, VETTIYAR, MANKAMKUZHI P.O., MAVELIKKARA, ALAPPUZHA - 690 558 (FROM SIVAMANGALAM, KURAMPALA P.O., PANDALAM, PATHANAMTHITTA - 680 501). 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-| ||5, LIC DIVISIONAL OFFICE CAMPUS, PATTOM P.O.,| ||THIRUVANANTHAPURAM - 695 004.| |3|THE CHAIRMAN, 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, AMRITHA VIDYALAYAM| ||KURAMPALA P.O., PANDALAM, PATHANAMTHITTA - 689 501.| |6|THE PRINCIPAL, MODERN INTERNATIONAL SCHOOL (CODE| ||NO.72568)| ||MUBARRAZ STREET, OPPOSITE RIYADH BANK, OTHIAM ROUND| ||ABOUT, AYN MARJAN, AL-MUBARRAZ - 36341, SAUDI ARABIA,| ||KSA.| |7|ADDL.R7. THE REGIONAL OFFICER, C.B.S.E.P.S. 1-2| ||PATPARGANJ, I.P. EXTENSION, INSTITUTIONAL AREA, NEW| 2 **WP(C) NO. 15703 OF 2021** DELHI - 110 092 *ADDL.R7 IMPLEADED AS PER I.A.No.1/2021 DATED 13/10/2021 BY ADVS. SRI.NIRMAL S., SC, CBSE K.MANOJ CHANDRAN BY SR.GOVT.PLEADER:SRI.BIMAL.K.NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 **WP(C) NO. 15703 OF 2021** ## **J U D G M E N T** The request of the petitioner for correction of particulars regarding candidate name, parents name and the date of birth of the petitioner in the records of the Central Board of Secondary Education (CBSE) was not entertained by the Board. Aggrieved thereby, the petitioner has approached this Court. 2. The descriptions sought to be corrected are as under:- |**Particulars**|**Actual**|**Present Entry**| |---|---|---| |Name of<br>Petitioner|Sethu Sivan Pillai|Sethu| |Date of birth|26.11.1997|26.11.1998| |Father's name|Sivan Pillai G|Sivan Pillai Gopala| |Mother's name|Lelithakumary|Lelitha Kumary Sivan<br>Pillai| The petitioner relies on Exts.P1 and P2 birth certificates issued by the Registrar of Births and Deaths, Pandalam 4 ## **WP(C) NO. 15703 OF 2021** Municipality, Ext.P3 the true copy of the relevant pages of the SSLC Book of the petitioner's father Sri.Sivan Pillai.G issued by the Secretary, Board of Public Examinations, Ext.P4 the true copy of the Aadhar Card No.567245648448 of the petitioner's mother Smt.Lelithakumary and Ext.P5 the true copy of the relevant pages of the Gazette Notification No:26, PartIV dated 26.06.2021, to substantiate the above facts. 3. The petitioner completed 10[th] standard during the year 2015. He seeks for correction of the school records. According to the learned counsel for the petitioner, the mistake was noticed only now when preparations were being made for pursuing higher studies. 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 5 **WP(C) NO. 15703 OF 2021** 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 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 documents and also change consequent to acquisition of name. With regard to effecting changes to make the records in confirmity with public documents, 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 6 ## **WP(C) NO. 15703 OF 2021** 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 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 when preparations were made for study abroad, cannot be brushed aside especially considering his age. 7. As regards the change of name, the name of the petitioner was changed from “Sethu” to “Sethu Sivan Pillai” 7 **WP(C) NO. 15703 OF 2021** through Gazette notification (Ext.P5). 8. In the light of the above materials and the judgment of the Apex Court in _**Jigya Yadav (supra)**_ the petitioner's request is liable to be considered afresh. 7. Accordingly it is ordered that, on the petitioner submitting a fresh application for change of the particulars as above, through the fifth respondent school, on complying with the requirements noticed supra, then the Additional seventh 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** rsr 8 **WP(C) NO. 15703 OF 2021** ## **APPENDIX OF WP(C) 15703/2021** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|THE TRUE COPY OF THE BIRTH CERTIFICATE ISSUED| ||BY THE REGISTRAR OF BIRTHS AND DEATHS,| ||PANDALAM MUNICIPALITY DATED 12/06/2017 TO THE| ||PETITIONER.| |Exhibit P2|THE TRUE COPY OF THE CORRECTED BIRTH| ||CERTIFICATE DATED 29/07/2021 ISSUED BY THE| ||REGISTRAR OF BIRTHS AND DEATHS, PANDALAM| ||MUNICIPALITY TO THE PETITIONER.| |Exhibit P3|THE TRUE COPY OF THE RELEVANT PAGES OF THE| ||SSLC BOOK OF THE PETITIONER'S FATHER| ||SRI.SIVAN PILLAI G. ISSUED BY THE SECRETARY,| ||BOARD OF PUBLIC EXAMINATIONS.| |Exhibit P4|THE TRUE COPY OF THE AADHAR CARD| ||NO.567245648448 OF THE PETITIONER'S MOTHER| ||SMT.LELITHA KUMARY ISSUED BY THE GOVERNMENT| ||OF INDIA.| |Exhibit P5|THE TRUE COPY OF THE RELEVANT PAGES OF THE| ||GAZETTE NOTIFICATION NO.26 PART -IV PUBLISHED| ||DATED 26/06/2021, NEW DELHI.| |Exhibit P6|THE TRUE COPY OF THE CERTIFICATE OF SECONDARY| ||SCHOOL EXAMINATION SESSION 2013-2015 DATED| ||28/05/2015 ISSUED BY THE 4TH RESPONDENT TO| ||THE PETITIONER.| |Exhibit P7|THE TRUE COPY OF THE MIGRATION CERTIFICATE| ||DATED 02/02/2015 ISSUED BY THE 1ST RESPONDENT| ||TO THE PETITIONER.| |Exhibit P8|THE TRUE COPY OF THE ORDER| ||NO.CBSE/COORD/AS/C/2017 DATED 01/02/2018| ||ISSUED BY THE 4TH RESPONDENT.| |Exhibit P9|THE TRUE COPY OF THE JUDGMENT DATED| ||03/12/2020 IN W.A.NO.1533/2020 OF THIS| ||HON'BLE COURT.| 9 **WP(C) NO. 15703 OF 2021**