Theertha A. v. Chairman, Central Board of Secondary Education, Shiksha Kendra 2, Community Centre, Preet Vihar, Delhi; CBSE Regional Officer, Regional Office, 68 Rohit Nagar, Bawadiya Kalan, Salaiya, Bhopal District, Madhya Pradesh; The Principal, Kendriya Vidyalaya, 3-EME Centre, Bairagarh, Bhopal District, Madhya Pradesh

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 16[TH] DAY OF JUNE 2022 / 26TH JYAISHTA, 1944`** ## **`WP(C) NO. 7872 OF 2022`** ## **`PETITIONER:`** **==> picture [78 x 88] intentionally omitted <==** ``` THEERTHA A., AGED 20 YEARS, D/O SAJITH.K, 'MEPPARAMBA', MALAPPATTAM P.O, KANNUR DISTRICT. KERALA. PIN – 670631 BY ADV C.LEENA ``` ## **`RESPONDENTS:`** |`1`|`CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION,`| |---|---| ||`SHIKSHA KENDRA 2, COMMUNITY CENTRE,`| ||`PREET VIHAR, DELHI.110092.`| |`2`|`CBSE REGIONAL OFFICER,`| ||`REGIONAL OFFICE, 68 ROHIT NAGAR, BAWADIYA KALAN,`| ||`SALAIYA, BHOPAL DISTRICT, MADHYAPRADESH, PIN – 462039`| |`3`|`THE PRINCIPAL,`| ||`KENDRIYA VIDYALAYA,3-EME CENTRE,`| ||`BAIRAGARH, BHOPAL DISTRICT,MADHYAPRADESH, PIN – 462030`| ||`BY ADV SRI.NIRMAL S., SC, CBSE`| ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 7872 OF 2022 -2- ``` ## **`JUDGMENT`** Ext.P4 dated 03.03.2021 communication of Kendriya Vidyalaya-3, EME Centre, Bairagarh, Bhopal rejecting the request for correction of date of Birth of the petitioner as 02.07.2001 instead of 02.07.2002 recorded in the records of the school, has been assailed in the present writ petition taking into consideration the regulations of the Central Board of Secondary Education (hereinafter referred to as ‘CBSE’, for short). 2. Case of the petitioner is that as per the certificate of birth issued by the competent authority Ext.P1, the date of birth of the daughter was 02.07.2001. However, due to inadvertence there was an error in the recording of the date of birth as 02.07.2002. Her daughter passed the class X board examination in the year 2017 and realising the mistake, a request was submitted which entailed into rejection. The hon'ble Supreme Court has delivered a judgment in the month of ``` WP(C) NO. 7872 OF 2022 -3- ``` June, 2021 considering the plight of the students seeking correction of the date of birth in **Jigya Yadav Vs. Central Board of Secondary Education (2021 (3) KLT 711(SC))** wherein, though the question of limitation has been kept open, a direction has been issued to the CBSE to amend the regulations pertaining to the change of date of birth. CBSE has been entertaining the application as and when request is received by the school or affected party for making the correction of the date of birth subject to filing of an undertaking and an affidavit containing certain conditions. Aforesaid judgment has been followed by 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):** ``` WP(C) NO. 7872 OF 2022 -4- ``` “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:- (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. ``` WP(C) NO. 7872 OF 2022 -5- ``` (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. 1.8. 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.” 3. Learned Standing Counsel appearing on behalf of the CBSE accepts notice and submits that the order impugned was passed on 03.03.2021 and at that time the judgment of the Supreme Court had not come. Normally the application for correction of the date of birth is submitted to the school and after correcting the ``` WP(C) NO. 7872 OF 2022 -6- ``` same, forwarded to the CBSE for issuance of the fresh certificate of Class X standard. But since that stage did not come, the CBSE was not in a position to entertain the request of the petitioner. 4. I have heard learned counsel for the parties and appraised the paper book and of the view that it is a fit case where a mandamus is required to be issued in favour of the petitioner. Keeping in view the law laid down in the judgment in **Jigya Yadav(supra)** directing entertainment of the application by the CBSE subject to filing of the affidavit and undertaking, this Court had already decided various writ petitions, including W.P.(C) No.29182 of 2021. The objection of jurisdiction is also overruled for the reason that the registration of the date of birth was done in a part of Kerala and therefore petitioner cannot be relegated to avail the remedy by filing a petition in a Court in Madhya Pradesh. 5. Order Ext.P4 is set aside. Respondent school is ``` WP(C) NO. 7872 OF 2022 -7- ``` directed to entertain the application of the petitioner afresh following the decision of this Court in W.P(C). No.29182 of 2021 which has been passed by taking into consideration the findings of the Supreme Court in **Jigya Yadav (supra)** and forward it to the second respondent CBSE Regional Officer, Bhopal. The petitioner would also furnish an undertaking to the second respondent as stated in the judgment cited supra. On receipt of the information from the school within a period of thirty(30) days from the date of receipt of a certified copy of the judgment, CBSE would issue corrected date of birth in terms of the directions hereinabove within a further period of thirty(30) days. Writ petition stands disposed of. Sd/- ``` AMIT RAWAL ``` ``` JUDGE ``` ``` vv ``` ``` WP(C) NO. 7872 OF 2022 -8- ``` ## **`APPENDIX OF WP(C) 7872/2022`** ## **`PETITIONER EXHIBITS`** |`ExhibitP1`|`TRUE COPY OF BIRTH CERTIFICATE SHOWING`| |---|---| ||`DATE OF BIRTH OF PETITIONER AS`| ||`02.07.2001ISSUED BY REGISTRAR OF BIRTHS`| ||`AND DEATHS, KANNUR CORPORATION`| |`ExhibitP2`|`TRUE COPY OF CBSE CERTIFICATE IN THE NAME`| ||`OF PETITIONER WITH DATE OF WRONGLY`| ||`ENTERED AS 02.07.2002`| |`Exhibit P3`|`TRUE COPY OF REQUEST ADDRESSED TO`| ||`RESPONDENT NO.3 BY PETITIONER`| |`Exhibit P4`|`TRUE COPY OF REPLY DATED 03.03.2021`| ||`ISSUED BY 3RD RESPONDENT`| |`Exhibit P5`|`TRUE COPY OF COMMUNICATION DATED`| ||`12.08.2021 ADDRESSED TO 2ND RESPONDENT BY`| ||`PETITIONER`| |`Exhibit P6`|`TRUE COPY OF COMMUNICATION DATED`| ||`20.10.2021 ADDRESSED TO 1ST RESPONDENT BY`| ||`PETITIONER`|