Shilpa S. Rajan v. Central Board of Secondary Education and Others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ## **`THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944`** ## **`WP(C) NO. 38800 OF 2022`** ## **`PETITIONER:`** ``` SHILPA. S. RAJAN AGED 32 YEARS D/O SOMARAJAN PLAMOOTTIL VADAKKATHIL, KARUNAGAPPALY, KOLLAM PINCODE - 690 518 ``` ``` BY ADV PARVATHI KRISHNA ``` ## **`RESPONDENTS:`** ``` 1THE CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY SIKSHA KENDRA-2, COMMUNITY CENTRE, PREETHI VIHAR, NEW DELHI- 110 092 2THE ASSISTANT SECRETARY CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PLOT NO. 1630 'A' 'J' BLOCK, ANNA NAGAR, WEST CHENNAI- 600 040. 3REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, LIC BUILDING, B-BLOCK, 2ND FLOOR, THIRUVANANTHAPURAM- 695 004 4SREE BUDHA CENTRAL SCHOOL EDAKULAMGARA P.O, KARUNAGAPPALY, KOLLAM PINCODE - 690 523. 5THE PRINCIPAL SREE BUDHA CENTRAL SCHOOL, EDAKULAMGARA P.O KARUNAGAPPALY KOLLAM, PINCODE - 690 523 ``` ``` 2 ``` ## **`WP(C) NO. 38800 OF 2022`** ``` 6THE KARUNAGAPPALY MUNICIPALITY REPRESENTED BY ITS SECRETARY (REGISTRAR OF BIRTHS AND DEATH) KOLLAM, PINCODE - 690 523 ``` ``` SRI.NIRMAL.S SC CBSE SRI.M.R.SASITH PANICKER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 38800 OF 2022 ``` ``` 3 ``` ## **JUDGMENT** Petitioner completed his All India Secondary Examination from the 4[th] respondent's School in the year 2006 and she was issued with Ext.P2 certificate, where the Date of birth is shown as 07.02.1991 mistakenly. It is submitted that in Ext.P1 date of birth certificate of the petitioner the date of birth is correctly shown as 07.02.1990. Petitioner submitted an application before the 5[th] respondent/Principal requesting to correct the date of birth in the certificate and the 5[th] respondent forwarded the application to the 1[st] respondent which is rejected by the 2[nd] respondent. 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 ``` WP(C) NO. 38800 OF 2022 ``` ``` 4 ``` 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. 4. I have heard learned counsel for parties and appraised the paper books and of the view that there is force and merit in the submission of the counsel representing the petitioner. 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 ``` WP(C) NO. 38800 OF 2022 ``` ``` 5 ``` 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 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:- ``` WP(C) NO. 38800 OF 2022 ``` ``` 6 ``` (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'.) 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. Accordingly it is ordered that, on the petitioner submitting a fresh application for change of date of birth through the fourth respondent school on complying with the requirements as above, then the first respondent shall consider the same in the light of the judgment of the Apex Court referred to supra.” Thus the competent among the respondents 1 to 3 is directed to entertain the application for correction of the date of birth as forwarded by the 5[th] respondent and pass an order in ``` WP(C) NO. 38800 OF 2022 ``` ``` 7 ``` terms of the judgment of this Court in W.P(C) No.29182 of 2021. Ext.P3 is quashed. Petitioner is directed to file fresh application within a period of one week from the date of receipt of a certified copy of the judgment and on receipt of the fresh application, the school will forward the same to the competent among the respondents 1 to 3 within a period of one week and then the competent among the respondents 1 to 3 will take action on the application within a period of 30 days thereafter. **Sd/-** **AMIT RAWAL JUDGE** nak ``` 8 ``` ## **`WP(C) NO. 38800 OF 2022`** ## **`APPENDIX OF WP(C) 38800/2022`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF CERTIFICATE OF BIRTH ISSUED BY 6TH RESPONDENT. ``` ``` Exhibit P2TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE CUM GRADE SHEET ISSUED TO THE PETITIONER BY THE CONTROLLER OF EXAMINATION DATED 27/5/2006 ``` ``` Exhibit P3TRUE COPY OF THE REPLY LETTER BY THE 2ND RESPONDENT DATED 27/10/2022 ```