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2025 DAILYLAW 9119 (KER)

A.S. KAMEL KRISHNAA, v. THE CENTRAL BOARD OF SECONDARY EDUCATION, REPT. BY ITS JT. SECRETARY,

WP(C)/474/2025 · 2025-02-28

Gopinath P

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:16935 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 28TH DAY OF FEBRUARY 2025 / 9TH PHALGUNA, 1946 WP(C) NO. 474 OF 2025 PETITIONER: A.S. KAMEL KRISHNAA, AGED 27 YEARS D/O. N. ANILKUMAR, THOPPIL PUTHEN VEEDU, KIZHAKKEKARA, KOTTARAKKARA, KOLLAM - 691506 BY ADVS. K.K.SETHUKUMAR SARITHA G.R. NISHA MATHEW SREEKRISHNADATH PANDARATHIL E.K. R.RAHUL MEENAKSHY V.S. PREETHY K. RESPONDENTS: 1 THE CENTRAL BOARD OF SECONDARY EDUCATION, REPT. BY ITS JT. SECRETARY, CBSE, REGIONAL OFFICE, PLOT NO.1630, A.J. BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600040 2 THE CENTRAL BOARD OF SECONDARY EDUCATION, REPT. BY ITS JOINT SECRETARY, CBSE REGIONAL OFFICE, 2ND FLOOR, BLOCK-B, LIC DIVISIONAL OFFICE CAMPUS, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 3 ADDL.R3- THE PRINCIPAL MAR GREGORIOUS MEMMORIAL RESIDENTIAL SCHOOL, PALLICKAL.POST, KOTTARAKKARA [IMPLEADED AS PER ORDER DATED 11/02/2025 IN I.A 1/25 IN WP(C) 474 of 2025] WP(C) NO. 474 OF 2025 2 2025:KER:16935 OTHER PRESENT: SRI.NIRMAL S., SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 474 OF 2025 3 2025:KER:16935 JUDGMENT The petitioner has approached this Court being aggrieved by the fact that the application filed by the petitioner for correction of date of birth in Ext.P1 certificate has not been considered favorably by the competent authority of the Central Board of Secondary Education (for short ‘CBSE’) 2. The learned counsel appearing for the CBSE submits that the records forwarded by the school in which the petitioner was studying did not tally with the request made by the petitioner for correction of date of birth and if all records are forwarded by the school afresh, the matter can be considered in terms of the guidelines issued by the the Hon’ble Supreme Court in Jigya Yadav v. Central Board of Secondary Education (2021 (3) KLT 711(SC)). 3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the CBSE, this writ petition will stand disposed of, setting aside Ext.P4 communication and during that if a fresh application WP(C) NO. 474 OF 2025 4 2025:KER:16935 submitted by the petitioner before the additional 3rd respondent, the additional 3rd respondent shall forward such application along with all supporting documents to the 1st respondent, who shall consider the application for correction of date of birth following the guidelines prepared in term of the directions of the Hon’ble Supreme Court in Jigya Yadav (supra). The needful shall be done within a period of two months, from the date on which the fresh application is received by the 1st respondent through the additional 3rd respondent. The writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE ANS WP(C) NO. 474 OF 2025 5 2025:KER:16935 APPENDIX OF WP(C) 474/2025 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE ALL INDIA SECONDARY SCHOOL EXAMINATION CERTIFICATE NO.0826837 AND MARK Exhibit P2 TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE ISSUED BY THE KOTTARAKKARA MUNICIPALITY WITH REGN. NO. 880/97 DATED 22/03/1997 Exhibit P3 TRUE PHOTOCOPY OF THE APPLICATION GIVEN TO THE 3RD RESPONDENT Exhibit P4 TRUE PHOTOCOPY OF THE COMMUNICATION NO.CBSE/RO/ CORR/REJ/ DB/ X/13/6787 DATED 19/12/2024 RESPONDENT ANNEXURES ANNEXURE R1 (A) A TRUE COPY OF THE LETTER DATED 26.04.2016