IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 33675 of 2010(H) ---------------------- PETITIONER : --------------------- AJMAL.N., S/O.LATE ABDUL NAZAR, AGED 17 YEARS, RESIDING AT EDATHARA KIZHAKKATHIL, KADATHOOR, K.S.PURAM P.O., KARUNAGAPPALLY- NOW RESIDING AT OTTACHERUVALLIL HOUSE, PUTHUPPALLY PO, KAYAMKULAM(VIA), ALAPPUZHA DISTRICT. MINOR REPRESENTED BY THE MOTHER RAMLATH, OTTACHERUVALLIL HOUSE, PUTHUPPALLY PO, KAYAMKULAM (VIA), ALAPPUZHA DISTRICT-690527. BY ADV. SRI. S.M. ALTHAF RESPONDENT(S): ------------------------- 1. CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, ANNA NAGAR WEST, CHENNAI-40, THAMILNADU STATE. 2. THE REGIONAL OFFICER, CBSE REGIONAL OFFICE, 1630-A 'J'B, ANNANAGAR (WEST), CHENNAI-40, TAMILNADU STATE. 3. PRINCIPAL, SREE NARAYANA CENTRAL SCHOOL, CHIRAKKADAM, KAYAMKULAM, ALAPPUZHA DISTRICT – 690 527. R1 BY ADVS. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH SRI.K.SANTHOSH KUMAR (KALIYANAM) R3 BY ADV. SRI.R.NIKHIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 33675 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE CERTIFICATE ISSUED TO PETITIONER BY CONTROLLER OF EXAMINATION, C.B.S.E. EXT.P2 : CERTIFICATE ISSUED BY THE SECRETARY, REGISTRAR OF BIRTH & DEATH, KARUNAGAPPALLY GRAMA PANCHAYATH DATED 08/01/2009. EXT.P3 : COPY OF THE REPRESENTATION GIVEN TO THE 2ND RESPONDENT DATED NIL IS PRODUCED. EXT.P4 : REPLY GIVEN BY THE 2ND RESPONDENT TO THE PETITIONER DATED 11/02/2009. EXT.P5 : COPY OF THE ORDER REJECTING THE REQUEST OF THE PETITIONER BY THE 2ND RESPONDENT DATED 29.01.2010. RESPONDENT'S EXHIBITS: EXT.R3(a) : COPY OF THE APPLICATON DT. 21.05.1999. EXT.R3(b) : EXTRACT OF THE RELEVANT PAGE OF THE REGISTER OF THE DETAILS OF THE PUPIL MAINTAINED BY THIS RESPONDENT. //TRUE COPY// P.A. TO JUDGE Mn P.R.RAMACHANDRA MENON, J ....................................................... W.P.(C).33675/2010 .............................................. Dated this the 16th day of June, 2011 JUDGMENT The grievance of the petitioner is that the name of his father happened to be shown in the school records as 'Shajahan' instead of 'Abdul Nazar', which in turn was recorded in the records of the first respondent as well. So also, there is a mistake with regard to the date of birth as well and instead of 17.2.1993, the same happened to be incorporated as 17.2.1994. On coming across the mistakes, the petitioner sought to have the same corrected; but the request was declined by the first respondent as per Ext.P5; which forms the subject matter of challenge in this writ petition. 2. The third respondent/School has filed a counter affidavit asserting that there was no mistake on the part of the School authorities in entering the name and that the entries as given in Ext.R3(a) application for admission were correctly incorporated in the School records. With reference to the contents of the said application, it is said that the name W.P.(C).33675/10 2 of the parent or guardian against the entry of column No.3 has been given as 'Shajahan' (Father). The learned counsel for the petitioner submits that the respondents are trying to make a mountain on a mole, capitalizing the mistake committed by the petitioner's mother, who happened to fill up the application. The learned counsel submits that the father of the petitioner is no more and that the petitioner was taken to the School by the paternal uncle, who is none other than the brother of the deceased father (Shajahan) whose name happened to be shown in the said application. In any way of the matter, this is a genuine and bona fide mistake which was sought to be corrected and there is absolutely no rhyme or reason for having declined the relief sought for. 3. Heard the learned counsel appearing for the third respondent and the learned Standing Counsel appearing for respondents 1 and 2. 4. Considering the facts and circumstances, this Court finds that the mistake is a genuine one and that the same has to be corrected at the earliest. In the said circumstances, W.P.(C).33675/10 3 the petitioner is at liberty to approach the third respondent to have the name of the father and the date of birth corrected on producing the relevant records and get the School records corrected, accordingly; simultaneously causing the same to be forwarded to the second respondent. On receipt of the said proceedings, along with the corrected School records, the second respondent shall consider the request and pass appropriate orders causing to issue the corrected certificate/mark list as sought for. It is open to the second respondent to direct the petitioner to surrender the original certificate/mark list for issuance of the corrected certificate/mark list, as the case may be. The writ petition is allowed. No cost. P.R.RAMACHANDRA MENON, Judge mrcs