Shivendu Sivadas v. Central Board of Secondary Education and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE N.NAGARESH ``` ``` TUESDAY, THE 4[TH] DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 ``` ``` WP(C) NO. 15713 OF 2024 ``` ## **`PETITIONER:`** ``` SHIVENDU SIVADAS AGED 28 YEARS, D/O SIVADAS, PRESENTLY RESIDING AT 23A, MATHER BERRYWOODS, VALAVI ROAD, BEHIND PARAKKAL DEVI TEMPLE, CHEMPUMUKKU, VAZHAKALA, THRIKKAKARA P.O., ERNAKULAM, PIN – 682 021. ``` ``` BY ADVS. K.C.VINCENT BABU U.M. ``` ## **`RESPONDENTS:`** - **`1 CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA 2, COMMUNITY CENTRE, PREET VIHAR, NEW DELHI, PIN – 110 092.`** - **`2 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW PLOT NO.3, 16TH MAIN ROAD, J BLOCK, ANNA NAGAR (WEST), ANNA NAGAR P.O., CHENNAI, PIN – 600 040.`** - **`3 THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, BLOCK B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANATHAPURAM, PIN – 695 004.`** - **`4 THE PRINCIPAL ST. PAULS INTERNATIONAL SCHOOL, KALAMASSERY, ERNAKULAM, KERALA, PIN – 683 503.`** W.P.(C) No.15713 of 2024 : 2 : ``` 5THE PRINCIPAL GURU DARSHAN PUBLIC SCHOOL, 23, GOTTIGERE, BANNERGHATTA MAIN ROAD, BANGALORE, KARNATAKO, PIN – 560 078. ``` - **`6 KERALA STATE MEDICAL COUNCILS COMBINED COUNCIL BUILDING, RED CROSS ROAD, THIRUVANANATHAPAURAM, REPRESENTED BY ITS REGISTRAR, PIN – 695 035.`** ## **`BY ADVS`** ``` NIRMAL S., STANDING COUNSEL, FOR R1 VIVEK MENON, STANDING COUNSEL, FOR R6 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` W.P.(C) No.15713 of 2024 : 3 : ## **JUDGMENT** Dated this the 4[th] day of June, 2024 The petitioner states that she was born on 15.11.1995, but in the Secondary School Certificate the date of birth was shown as 15.11.1996 and the name was spelt as ‘Sivendu Sivadas’. 2. The petitioner would submit that her actual date of birth is 15.11.1995 and it has to be corrected in the Secondary School Certificate accordingly. Similarly, the name is ‘Shivendu Sivadas’. The spelling of the name is also to be corrected. 3. The petitioner submitted application to the 1[st] respondent-Central Board of Secondary Education for correction. The respondents are not correcting the same. Therefore the petitioner is before this Court. 4. Standing Counsel representing the respondents entered appearance and resisted the writ petition. The W.P.(C) No.15713 of 2024 : 4 : Standing Counsel submitted that the application submitted by the petitioner was rejected as per letter dated 01.04.2017, taking into account the amended Rule No.69.1(ii) of the Examination Bye-laws of the Board which states that the application for correction in name of candidate / father’s / mother’s name and date of birth will be considered only within one year of the date of declaration of result. 5. I have heard the learned Counsel appearing for the petitioner and the respective Standing Counsel representing respondents 1 to 3 and 6. 6. The fact remains that the petitioner’s date of birth is 15.11.1995. Ext.P1 Birth Certificate, Ext.P6 Passport and Ext.P14 Aadhaar Card would also indicate that the date of birth of the petitioner is recorded as 15.11.1995. The Birth Certificate is an authentic document which would support the petitioner’s claim. 7. The respondents have rejected the application relying on amended Rule No.69.1(ii) of the Examination Bye-laws of the Central Board of Secondary Education. W.P.(C) No.15713 of 2024 : 5 : 8. It is evident that if a different date of birth is recorded in the Central Board of Secondary Education records, it will affect the petitioner’s future career. Furthermore, correction of the Central Board of Secondary Education Certificates is now govern by the Scheme framed by the Hon’ble Apex Court in the judgment in **Jigya Yadav v. Central Board of Secondary Education** [2021 (3) KLT 711 (SC)]. 9. In the facts of the case, I am of the view that the respondents shall consider the application submitted by the petitioner for corrections in the Central Board of Secondary Education records in the light of the Scheme framed by the Hon’ble Apex Court in **Jigya Yadav** (supra). 10. The writ petition is therefore disposed of directing the 2[nd] respondent-Regional Officer to consider Exts.P15 and P16 applications for correction of date of birth and name of the petitioner in the light of the Scheme framed by the Hon’ble Apex Court in **Jigya Yadav** (supra) and take W.P.(C) No.15713 of 2024 : 6 : appropriate decision thereon in accordance with law within a period of two weeks, If the 2[nd] respondent has received the application along with all supporting documents. To enable the 2[nd] respondent to take an independent decision in the light of the judgment of the Apex Court in **Jigya Yadav** (supra), the communication dated 01.04.2017 is set aside. Taking into consideration the fact that the petitioner has to effect registration for doing internship in Kerala and it is not possible without production of corrected Secondary School Certificate and University Certificate, the 2[nd] respondent shall pass orders as expeditiously as possible as directed above. Sd/- **N. NAGARESH** **JUDGE** AMR W.P.(C) No.15713 of 2024 : 7 : ## **`APPENDIX OF WP(C) 15713/2024`** ## **`PETITIONER’S EXHIBITS`** ``` Exhibit P1 ``` ``` A TRUE COPY OF THE BIRTH CERTIFICATE DATED 23.05.200 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, N.PARAVUR MUNICIPALITY, GOVERNMENT OF KERALA. ``` ``` Exhibit P2 ``` - **`A TRUE COPY OF THE CERTIFICATE DATED 03.04.2024 ISSUED FROM ST. PAULS INTERNATIONAL SCHOOL, KALAMASSERY, ERNAKULAM.`** - **`Exhibit P3 A TRUE COPY OF THE GRADE SHEET CUM CERTIFICATE OF PERFORMANCE, DATED 21.05.2012 ISSUED BY THE CENTRAL BOARD OF SECONDARY EDUCATION, DELHI.`** ``` Exhibit P4 ``` - **`A TRUE COPY OF THE CERTIFICATE DATED 09.05.2014 ISSUED BY THE DEPARTMENT OF PRE-UNIVERSITY EDUCATION; BANGALORE.`** ``` Exhibit P5 ``` - **`A TRUE COPY OF THE BONAFIDE CERTIFICATE DATED 16.05.2014 ISSUED BY THE PRINCIPAL BALDWIN GIRLS' PREUNIVERSITY COLLEGE, BANGALORE.`** - **`Exhibit P6 A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT BEARING NO. L9939400 DATED 02.07.2014.`** - **`Exhibit P7 A TRUE COPY OF THE CERTIFICATE OF MEDICAL DOCTOR'S DIPLOMA ISSUED FROM THE CAUCASUS INTERNATIONAL UNIVERSITY, GEORGIA DATED 08.11.2022.`** - **`Exhibit P8`** - **`A TRUE COPY OF NOTIFICATION DATED 25.11.2022 ISSUED BY THE CAUCASUS INTERNATIONAL UNIVERSITY, GEORGIA WITH ENGLISH TRANSLATION.`** W.P.(C) No.15713 of 2024 : 8 : ``` Exhibit P9 ``` ``` A TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 18.11.2022 ISSUED BY THE CAUCASUS INTERNATIONAL UNIVERSITY, GEORGIA WITH ENGLISH TRANSLATION. ``` ``` Exhibit P10 ``` - **`A TRUE COPY OF THE NOC FOR INTERNSHIP DATED 15.11.2022 ISSUED BY THE CAUCASUS INTERNATIONAL UNIVERSITY, GEORGIA WITH ENGLISH TRANSLATION.`** - **`Exhibit P11 A TRUE COPY OF THE SCREENING TEST PASS CERTIFICATE DATED 27.02.2024 ISSUED BY THE NATIONAL BOARD OF EXAMINATIONS IN MEDICAL SCIENCES.`** - **`Exhibit P12 A TRUE COPY OF THE AFFIDAVIT DATED 21.02.2024 SWORN BY THE PETITIONER.`** - **`Exhibit P13 A TRUE COPY OF THE ONE AND SAME CERTIFICATE DATED 24.02.2024 ISSUED BY THE VILLAGE OFFICER.`** - **`Exhibit P14 A TRUE COPY OF THE AADHAAR CARD BEARING NO. 7287 4719 5407.`** - **`Exhibit P15`** - **`A TRUE COPY OF THE REQUEST/APPLICATION DATED 05.04.2024 SENT TO THE 2ND RESPONDENT THROUGH EMAIL, WITHOUT ANNEXURES.`** - **`Exhibit P16 A TRUE PRINTOUT OF THE EMAIL SENT BY THE 4TH RESPONDENT TO THE RESPONDENTS 2 AND 3 DATED NIL.`** ## **`RESPONDENTS’ EXHIBIT`** ``` Exhibit R1 (a)TRUE COPY OF THE COMMUNICATION TO THE PETITIONER DATED 01.04.2017. ```