Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 WP(C) NO. 251 OF 2022 PETITIONER: NINU BABU,AGED 38 YEARS,D/O. M.V. PATHROSE, MUTHIRAKKALAYIL HOUSE, VENGOLA P.O., PERUMBAVOOR, ERNAKULAM DISTRICT 683 556. BY ADV BENNY VARGHESE
RESPONDENTS: 1 THE CENTRAL BOARD SECONDARY EDUCTION, REPRESENTED BY THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, PLOT NO. 1630A, (NEW NO. 3),ANNA NAGAR WEST, J. BLOCK, CHENNAI 600 040. 2 THE PRINCIPAL, ST. PETER'S SENIOR SECONDARY SCHOOL,KADAYIRUPPU P.O., ERNAKULAM DISTRICT 682 311. 3 SECRETARY AND REGISTRAR OF BIRTH AND DEATHS, KIZHAKKAMBALAM GRAMA PANCHAYAT,KIZHAKKAMBALAM P.O., ERNAKULAM DISTRICT 683 562.
BY ADV SRI.NIRMAL S., SC, CBSE SRI. BIMAL. K. NATH SR. G.P THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The request of the petitioner for correction of date of birth in the Secondary School Examination Certificate(Ext P1) and Marks Statement(Ext P2) is not being entertained and considered is the grievance of the petitioner. Writ Petition is filed seeking a direction to the 2 nd respondent to forward the request (Ext.P4) of the petitioner to the 1 st respondent and to correct the date of birth in Ext P1 and Ext P2.
2. According to the petitioner, her date of birth is 12.01.1983, but has been erroneously recorded in the Secondary School Examination Certificate and Marks Statement as 12.01.1984. The petitioner relies on Ext.P3 birth certificate issued by the Registrar of Births and Deaths, Kizhakkambalam Grama Panchayat, to substantiate the same.
3. The petitioner completed her 10 th standard in the year 1999. She seeks for correction of the Secondary School Examination Certificate and Marks Statement only at this distance of time. The birth
certificate under the Registration of Births and Deaths Act, 1969 and the Rules thereunder was obtained only recently, and it is only thereupon the mistake was noticed is the submission of the petitioner.
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 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 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.
(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 could be taken into consideration. Hence, I am of the opinion that the petitioner's request is liable to be considered.
7. Accordingly it is ordered that, on the petitioner submitting a fresh application for change
of date of birth through the second 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.
Writ petition is disposed of as above. Sd/- Sathish Ninan, Judge vdv APPENDIX OF WP(C) 251/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SECONDARY SCHOOL EXAMINATION CERTIFICATE ISSUED DATED 7.06.1999. Exhibit P2 TRUE COPY OF THE MARKS STATEMENT ISSUED DATED 5.06.1999. Exhibit P3 TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS OF KIZHAKKAMBALAM GRAMA PANCHAYAT DATED 13.01.2020. Exhibit P4 TRUE COPY OF THE REQUEST LETTER DATED 28.12.2021 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT SHOWING THE SENDING OF THE EXHIBIT P4.