Vijay Gangan v. Controller of Examinations, Central Board of Secondary Education, Regional Office, Chennai; Central Board of Secondary Education, Regional Office, Thiruvananthapuram; Central Board of Secondary Education, Regional Office, Pattam, Thiruvananthapuram; Green Valley Public School, Nellikuzhi, Kothamangalam

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY, THE 2ND DAY OF JULY 2018 / 11TH ASHADHA, 1940** **WP(C).No. 21845 of 2018** ## **PETITIONER** **------------** **VIJAY GANGAN, S/O V.P.GANGADHARAN NAIR, AGED 31 YEARS, VADAKKUNNATHU HOUSE, ASSAMANNOOR P.O., CHERUKUNNAM, ERNAKULAM DISTRICT.** **BY ADVS.SRI.RAJESH VIJAYAN** **SMT.SIKHA S.NAIR** ## **RESPONDENTS:** **1. THE CONTROLLER OF EXAMINATIONS, CENTRAL BOARD OF SECONDARY EDUCATION, VIKAS MARG, "C" BLOCK, PREET VIHAR, NEW DELHI, PIN:110062.** **2. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, NEW NO.3 (OLD NO.1630A), J BLOCK, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI-600 040 REPRESENTED BY ITS REGIONAL OFFICER.** **3. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, BLOCK-B, 2ND FLOOR, LIC DIVISIONAL OFFICE CAMPUS, PATTAM, THIRUVANANTHAPURAM, PIN:695 004 REPRESENTED BY ITS REGIONAL OFFICER.** **4. THE PRINCIPAL, GREEN VALLEY PUBLIC SCHOOL, NELLIKUZHI, KOTHAMANGALAM, PIN:686691.** **BY SRI.NIRMAL S., SC, CBSE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 21845 of 2018 (E)** **APPENDIX** ## **PETITIONER(S)' EXHIBITS** **EXHIBIT P1: TRUE PHOTO COPY OF SECONDARY SCHOOL EXAMINATION CERTIFICATE DATED 24.5.2003 OF THE PETITIONER. EXHIBIT P2: TRUE PHOTOCOPY OF THE MARKS STATEMENT OF SECONDARY SCHOOL CERTIFICATE OF THE PETITIONER DATED 24.5.2003. EXHIBIT P3: TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER. EXHIBIT P4: TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER SHOWING DATE OF BIRTH. EXHIBIT P5: TRUE COPY OF THE APPLICATION IN FORMAT FOR CORRECTION IN DATE OF BIRTH PREFERRED BY THE PETITIONER BEFORE THE PRINCIPAL OF GREENVALLEY PUBLIC SCHOOL, KOTHAMANGALAM.** **EXHIBIT P6: TRUE COPY OF THE COVERING LETTER DATED 7.9.2017 SENT BY GREEN VALLEY PUBLIC SCHOOL TO THE RESPONDENTS 1 TO 3 ALONG WITH APPLICATION FOR CORRECTION OF DATE OF BIRTH.** **EXHIBIT P7: TRUE COPY OF THE COMMUNICATION DATED 25.11.2017 ISSUED BY THE 2ND RESPONDENT IN RESPONSE TO THE APPLICATION FOR CORRECTION OF DATE OF BIRTH.** **RESPONDENTS EXHIBITS NIL** **/TRUE COPY/** **PA TO JUDGE** **sdr/4.7.18** ## ALEXANDER THOMAS, J. ----------------------------W.P(C).No.21845 Of 2018 --------------------------------Dated this the 2nd day of July, 2018. ## J U D G M E N T It is stated that the petitioner had completed his Secondary School education up to Standard X in the year 2003 from the 4 th respondent school affiliated to the 3rd respondent-Central Board of Secondary Education (CBSE). It is the case of the petitioner that an inadvertent mistake had crept in Ext.P-1 certificate and Ext.P-2 mark list issued by the CBSE wherein the date of birth is erroneously shown as 28.3.1988 based on the wrong information given by the petitioner's parents. It is pointed out that erroneous entry made in Exts.P-1 and P-2 was due to a mistake committed by his parents at the time of admitting the petitioner in Standard I in the 4th respondent-school. It is pointed out that the petitioner's correct date of birth is 28.3.1987. It is submitted that the petitioner's date of birth (28.3.1987) has been correctly shown in the birth certificate issued by the statutory Registrar of Births & Deaths appointed under the provisions of Registration of Births & Deaths Act and the Rules framed thereunder as can be seen from Ext.P-3 certificate issued on 23.6.2017, etc. The petitioner's date of birth has also been ::2:: W.P(C).No.21845 Of 2018 correctly shown as 28.3.1987 in Ext.P-4 Passport, which was issued on 6.7.2017. That the petitioner has submitted Ext.P-5 application for correction of date of birth in the CBSE records by submitting the application through 4th respondent-school to be forwarded to the 3rd respondent. The 4th respondent-school forwarded Ext.P-5 application as per Ext.P-6 dated 7.9.2017 to the 3rd respondent-CBSE officials and the 2nd respondent CBSE authorities, Chennai, has rejected the plea of the petitioner as per the impugned Ext.P-7 letter dated 25.11.2017, wherein it has been noted that the delay on the part of the petitioner in making the plea for correction within the stipulated time period, the case is now time barred and cannot be entertained at this belated stage. It is this order at Ext.P-7 that is under challenge in this Writ Petition. The main prayers in this Writ Petition (Civil) are as follows: “i) Call for records leading to Exhibit-P7 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. ii) Issue a writ of mandamus or any other appropriate writs, order or directions directing the respondents No.1 to 3 to reconsider ExhibitP5 application and correct the date of birth as 28.03.1987 instead of 28.03.1988 in Exhibit-P1 and P2 certificates.” 2. Heard Sri.Rajesh Vijayan, learned counsel for the petitioner and Sri.S.Nirmal, learned Standing Counsel appearing for officials respondents 1 to 3. In the nature of the orders proposed to be passed in this petition, notice to R-4 will stand dispensed with. ::3:: W.P(C).No.21845 Of 2018 3. Sri.S.Nirmal, learned Standing Counsel for CBSE, appearing for respondents 1 to 3 would submit on the basis of instructions of his parties that as per the guidelines followed by the respondent-CBSE, any plea for correction of date of birth as entered in the CBSE school records has to be made by the aggrieved candidate concerned within a period of one year from the CBSE concerned and such an application should be accompanies by an extract of the school admission register maintained by the school authorities concerned showing the correct date of birth. It is also submitted that the Division Bench of this Court in the decision in Subin Mohammed v. Union of India , reported in 2016 (1) KLT 340, has also held in para 39 thereof that while considering a petition filed under Article 226 of the Constitution of India, it is always open for the Court to pass appropriate orders taking into account the facts and circumstances of each case and taking into consideration the aspect that future prospects of the candidates to study or to get employment abroad will be prejudicially affected if the entry of the date of birth in the mark sheet does not tally with that in the birth certificate. Accordingly the Division Bench in Subin Mohammed's case (supra), has issued the following directions in paras 39 & 41, which read as follows: ::4:: W.P(C).No.21845 Of 2018 “39. It is contended that the future prospects of the petitioners to study or get employment abroad, will be substantially affected if the entry of date of birth in the mark sheet does not tally with that in the birth certificate. Though a writ of mandamus cannot be issued in the strict sense, we are of the view that, failure to exercise jurisdiction may put the petitioners to serious hardship. Hence, to render justice, it is always open for the Court to pass appropriate orders, taking into account the facts and circumstances of each case. However, if disputed questions of fact arises, it will not be appropriate for this Court to entertain the matter. xxx xxx xxx 41. Hence, to meet the ends of justice, it will be appropriate for this Court to dispose the Writ Petitions with the following directions: - i) That C.B.S.E. shall correct the entries in the mark sheet of the petitioners with reference to their corresponding birth certificates issued by the statutory authority, if the request is found to be genuine. - (ii) Genuineness of the birth certificate can be ascertained from the respective local/statutory authority/Head of the Institution or such other method, C.B.S.E. may deem it fit. - (iii) C.B.S.E. can demand in advance a consolidated fee, including all expenses for processing such applications. - (iv) Each of the petitioners shall pay `5,000/- (Rupees Five thousand only) as cost to C.B.S.E. within a period of one month.” It is also pointed out that this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017 has issued the directions as in para 4 thereof, which reads as follows: “4. Having regard to the facts and circumstances of the case, as also the submissions made by the learned counsel on either side, the writ petition is disposed of as follows: - (i) The concerned authority of the school in which the petitioner has studied shall correct the name of the petitioner entered in the school records based on her ::5:: W.P(C).No.21845 Of 2018 birth certificate and forward the copies of the corrected school records to the CBSE, within two weeks from the date of receipt of a copy of this judgment. (ii) The CBSE shall carry out the correction sought by the petitioner based on the birth certificate and the corrected school records, on payment of Rs.5000/-, within two months thereafter.” 4. Sri.Rajesh Vijayan, learned counsel for the petitioner, submits that though Ext.P-3 birth certificate dated 23.6.2017 issued by the statutory Registrar of Births & Deaths is available with the petitioner even prior to Ext.P-6 forwardal letter dated 7.9.2017 of the 4 th respondent-School, the petitioner was unaware of the requirement to produce the certificate before the 4th respondent-school and therefore could not produce the same, etc. 5. Taking into consideration the direction issued by the Division Bench in Subin Mohammed's case (supra), reported in 2016 (1) KLT 340, as well as the direction issued by this Court in the judgment dated 29.8.2017 in W.P.(C).No.20661/2017, it is ordered that the matter requires consideration afresh at the hands of the 4th respondentschool and the 2nd respondent-CBSE. It is not in dispute that Ext.P-3 birth certificate dated 23.6.2017 issued by the statutory Registrar of Births & Deaths was indeed available with the petitioner even prior to Ext.P-6 forwardal letter dated 7.9.2017 of R-4 school. If the ::6:: W.P(C).No.21845 Of 2018 respondents had alerted the petitioner to produce Ext.P-3 certificate so as to correct the entries in the school records and then to forward the same to the CBSE authorities concerned, then the petitioner could have taken effective steps in that regard. Having regard to these aspects and effectuating proper remit, the impugned order at Ext.P-7 will stand set aside. Consequently, the following directions are issued: - (i) The petitioner will immediately make available attested copy of Ext.P-3 birth certificate dated 23.6.2017 along with its original before the Principal of the 4th respondent-school and may also make an application before that authority for correcting his date of birth as shown in the school records based on the entry in Ext.P-3 certificate and then to forward the corrected entry of the school records showing the date of birth as 28.3.1987 to the 2nd respondent CBSE authorities in the Regional Office at Chennai. - (ii) Upon receipt of the corrected school records, the competent authorities of the 2[nd] respondent-CBSE will take steps for carrying out the correction as sought for by the petitioner based on the above said corrected school records on the basis of Ext.P-3 birth certificate and the corrected CBSE certificate and the mark list should be issued by the 2[nd] respondent within 2 months thereafter subject to payment of Rs.5,000/- by the petitioner. It is also pointed out that the petitioner is now abroad. It is for the petitioner to act with all urgency to make a plea before the 4th respondent-school, upon which the 4th respondent-school authorities ::7:: W.P(C).No.21845 Of 2018 will take necessary steps for forwarding the corrected date of birth in the school records to the 2nd respondent-CBSE authorities at Chennai, within a period of 2 weeks from the date of submission of the application in that regard. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS, Judge. Bkn/- // True copy // P.A to Judge.