Full Judgment
THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943 WP(C) NO. 21774 OF 2021 PETITIONER: DELWIN IGNATIOUS, AGED 23 YEARS, S/O. IGNATIOUS K.A., KUTTIKKATT HOUSE, P.O KANDASSANKADAVU, KARAMUCK, THRISSUR DISTRICT,PIN-680 613 BY ADV C.R.REKHESH SHARMA RESPONDENTS:
1 CENTRAL BOARD OF SECONDARY EDUCATION, REPRESENTED BY ITS SECRETARY, SHIKSHA KENDRA, 2 COMMUNITY CENTRE, PREET VIHAR, NEW DELHI-110092 2 REGIONAL OFFICER, CBSE, OFFICE OF REGIONAL OFFICER OF CBSE, PLOT NO.1630AJ BLOCK, ANNA NAGAR WEST, CHENNAI-600040, TAMILNADU. 3 THE REGIONAL OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, LIC BUILDING, B BLOCK, 2ND FLOOR, THIRUVANANTHAPURAM-695 004 4 SARASWATY VIDYANIKETHAN, SENIOR SECONDARY SCHOOL, ENGANDIYUR, THRISSUR DISTRICT, P.O KUNDALIYUR, PIN-680 616, REPRESENTED BY ITS PRINCIPAL BY ADV SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 29th day of October, 2021 The petitioner has approached this Court seeking to direct the 3rd respondent to consider and dispose of Ext.P3 within a time limit fixed by this Court and make corrections in the name of the petitioner as “DELWIN IGNATIOUS” in the Secondary School Examination Certificate and issue a fresh Certificate.
2. In the writ petition, the petitioner contended that his name is wrongly written as “Delwin Ignatius” in the CBSE Certificate issued to him, when his correct name is “Delwin
Ignatious“. Due to the mistake of name in the CBSE Certificate, the petitioner will have to face so many problems in future while applying for higher studies and also when applying for jobs abroad.
3. The petitioner submits that he had completed the
Secondary Schooling in the year 2013. The petitioner submitted an application to the officials under the 1 st respondent for correction of his name in the School records. However, till now the 3rd respondent-CBSE has not considered the application submitted by the petitioner.
4. The Standing Counsel representing the
respondents 1 to 3 contested the writ petition filing a statement. The respondents 1 to 3 stated that the petitioner has not made a formal application in the proper format to the concerned School, for correction of his name. The petitioner ought to have made a request through his School and then only the Board will process the application and take a decision in the matter. The learned Standing Counsel for the respondents 1 to 3 submitted that the correction of name and Date of Birth in the School records is now governed by a
judgment of the Hon’ble Apex Court in Jigya Yadav v.
C.B.S.E. [2021 (3) KLT 711 ].
5. I have heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents.
6. As the petitioner has not made a request for
correction of his name in School records as per proper format and through the School where the petitioner has studied, to get the name corrected, the petitioner definitely need to make an application in the proper format and through the School. If the petitioner makes such a proper application in the proper form, the respondents 1 to 3 are bound to consider the same in accordance with their Rules and Regulations and as per the judgment of the Hon’ble Apex Court in Jigya Yadav (supra).
In the circumstances, the writ petition is disposed of permitting the petitioner to prefer an application for correction of his name in the proper format to the 2 nd respondent. If the petitioner makes such an application in the proper format and through the School, within a period of one month, the 2nd respondent shall consider the same and take a decision thereon in accordance with law, within a further period of six weeks. Sd/- N. NAGARESH JUDGE SR APPENDIX OF WP(C) 21774/2021 PETITIONER'S EXHIBITS: Exhibit P1 TRUE COPY OF THE BIRTH CERTIFICATE DATED 23.12.2011 Exhibit P2 TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE & MARLIST, ISSUED BY CBSE DTD. 26.05.2013 Exhibit P3 TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE 3RD RESPONDENT, DATED 22.6.2021 SR