Sivakumar G. v. Central Board of Secondary Education and Others

WP(C) NO. 20083 OF 2021 1 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE SATHISH NINAN FRIDAY, THE 26[TH] DAY OF NOVEMBER 2021 / 5TH AGRAHAYANA, ``` ## **`1943`** ## **`WP(C) NO. 20083 OF 2021`** ## **`PETITIONER/S:`** ``` SIVAKUMAR.G. AGED 29 YEARS S/O.GOPALAKRISHNAN, T.C.68/496, ANIL NIVAS, THIRUVALLAM.P.O, THIRUVANANTHAPURAM, PIN-695027. BY ADVS. LINDONS C.DAVIS E.U.DHANYA T.SREEKANTAN DHANESH V.MADHAVAN ``` ## **`RESPONDENT/S:`** ``` 1CENTRAL BOARD OF SECONDARY EDUCATION REPRESENTED BY ITS REGIONAL OFFICER, REGIONAL OFFICE 1630-A, J BLOCK, ANNA NAGAR(WEST), CHENNAI- 600040. 2THE REGIONAL OFFICER CENTRAL BOARD OF SECONDARY EDUCATION(CBSE), REGIONAL OFFICE, 1630-A, J BLOCK, ANNA NAGAR(WEST), CHENNAI- 600040. 3THE PRINCIPAL CHRIST NAGAR SENIONR SECONDARY SCHOOL, CHAVARAPURAM, THIRUVALLOM.P.O, THIRUVANANTHAPURAM, PIN-695027. BY ADV SRI.NIRMAL S., SC, CBSE ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) NO. 20083 OF 2021 2 ## **`JUDGMENT`** ``` The request of the petitioner for correction of date of birth in the school records and the records of the Central Board of Secondary Education (CBSE) was turned down by the Board as per Ext.P6 letter dated 01.07.2021. Aggrieved thereby, the petitioner has approached this Court. ``` ``` 2. According to the petitioner, his date of birth is 13.04.1992, but has been erroneously recorded in the school records as 15.05.1993. The petitioner relies on Ext.P2 birth certificate issued by the Registrar of Births and Deaths, Corporation of Thiruvananthapuram, Ext.P3 Election ID card, Ext.P4 Aadhar Card and Ext.P5 Driving Licence, to substantiate the same. ``` ``` 3. The petitioner completed his 10[th] standard in the year 2009. He seeks for ``` WP(C) NO. 20083 OF 2021 3 ``` correction of the school records only at this distance of time. In paragraph (3) and (4) of the Affidavit dated 24.11.2021, explaining the delay it has been noted that, ``` ``` “3. In fact, the petitioner’s father has passed away in his younger age. The petitioner’s maternal aunt’s family has taken care of the petitioner’s education till the completion of Tenth standard. After Tenth standard, they were unable to take care of the petitioner’s education due to demise of aunt’s husband. Therefore, petitioner started working as a Coolie for taking care of his family. At that time, somehow, he has managed to complete his Higher Secondary Course. There was no one in his family to advise him or to point out the said mistake at that time. The elders in the family are his semi-literate mother, who has not completed her school studies and an elder brother, who is mentally and physically disabled. The petitioner has worked as coolie to look after them. Therefore, he has to do several petty works and has not noticed the mistake in the certificate. All the jobs he engaged in was of a Coolie or of a unskilled or semi-skilled Labour. Therefore, none of the employers have asked for his certificate and ``` WP(C) NO. 20083 OF 2021 4 ``` therefore, for that reason also, the mistake was not noticed by the petitioner. ``` ``` 4. After the years of effort, he finds some money and joined for B.com Course from Kerala University in 2018 and completed the course in 2021. On completion of course, the petitioner is taking steps to secure a good employment or going abroad. In this instance, the mistake in the Exhibit.P1 certificate is noticed. Till the completion of B.com course, the petitioner has no better prospect for life and therefore, he has not noticed the mistake crept in the Exhibit.P1 certificate. The petitioner was not aware that such a mistake was detrimental also. The delay from the part of the petitioner is not wilful and therefore, may be condoned on humanitarian basis. The petitioner has no opportunity for Higher Studies as of other students of his age and therefore; he was unaware about the consequences of the said mistake.” ``` ``` 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 ``` WP(C) NO. 20083 OF 2021 5 ``` 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 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 ``` WP(C) NO. 20083 OF 2021 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.` WP(C) NO. 20083 OF 2021 7 - `(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 for the delay is convincing. Hence, I am of the opinion that the petitioner's request is liable to be considered afresh.` `7. Accordingly it is ordered that, on the` `petitioner submitting a fresh application for` WP(C) NO. 20083 OF 2021 8 ``` change of date of birth through the 3[rd] respondent school on complying with the requirements as above, then the 2[nd] respondent shall consider the same in the light of the judgment of the Apex Court referred to supra and dehors Ext.P6 letter dated 01.07.2021 . Writ petition is disposed of as above. ``` ``` Sd/- ``` ``` SATHISH NINAN JUDGE ``` sd WP(C) NO. 20083 OF 2021 9 ## **`APPENDIX OF WP(C) 20083/2021`** ``` PETITIONER EXHIBITS Exhibit P1A COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE OF THE PETITIONER WITIH ROLL NO.414 6222 DATED 26.05.2009 Exhibit P2A COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER DATED 28.01.2020 ISSUED BY THE REGISTRAR OF THE BIRTHS AND DEATHS, CORPORATION OF THIRUVANANTHAPURAM Exhibit P3A COPY OF THE ELECTION ID CARD ISSUED BY THE ELECTION COMMISSION TO THE PETITIONER DATED 02.03.2021 Exhibit P4A COPY OF THE AADHAR CARD OF THE PETITIONER Exhibit P5A COPY OF THE DRIVING LICENSE OF THE PETITIONER Exhibit P6A COPY OF THE LETTER NO.TO(M)/CORRN/REJ/LOT-3/D0B/08 DATED 01.07.2021 FROM THE OFFICE OF THE 2ND RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. Exhibit P7A TRUE COPY OF THE LETTER DATED 10.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. ```