Kerala High Court
WP(C)/28107/2012 of M. SURESH KUMAR Vs CENTRAL BOARD OF SECONDARY EDUCATION, CHENNAI on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 28107 of 2012 (K) ---------------------------------------- PETITIONER: ------------------- M. SURESH KUMAR, AGED 49 YEARS S/O. M.P.KUNJANANTHAN
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 28107 of 2012 (K) ---------------------------------------- PETITIONER:-------------------
M. SURESH KUMAR, AGED 49 YEARS S/O. M.P.KUNJANANTHAN NAIR, 'VISHNU', PALAVAYAL KOTTANAD P.O., MEPPADUY, KOTTAPADY VILLAGE, VYTHIRI TALUK, WAYANAD.
BY ADV. SMT.CELINE JOSEPH.
RESPONDENTS:
------------------------
1. CENTRAL BOARD OF SECONDARY EDUCATION, 1630 A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040. 1630 A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR, CHENNAI-600 040.
2. THE REGIONAL OFFICER,
C.B.S.E. REGIONAL OFFICE, ANNA NAGAR, WEST, CHENNAI-600 040. CHENNAI-600 040.
3. THE PRINCIPAL,
ST. JOSEPH'S CONVENT SCHOOL, KALPETTA- 673 121, WAYANAD DISTRICT. WAYANAD DISTRICT.
4. UNION OF INDIA,
REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT OF INDIA, SECRETARIAT, NEW DELHI - 110 001. DEPARTMENT OF EDUCATION, GOVERNMENT OF INDIA, SECRETARIAT, NEW DELHI - 110 001.
R1 & R2 BY SRI.DEVAN RAMACHANDRAN, S.C,
ADV. SMT.M.R.JAYALATHA, R4 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Prv.
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1- TRUE COPY OF THE S.S.E. CERTIFICATE.
EXHIBIT P2- TRUE COPY OF THE BIRTH CERTIFICATE OF SWATHI S. NAIR.
EXHIBIT P3- TRUE COPY OF THE FRONT PAGE OF THE S.S.L.C. BOOK OF THE PETITIONER.PETITIONER.
EXHIBIT P4- TRUE COPY OF THE UNIQUE IDENTIFICATION CARD (AADHAAR) OF THE PETITIONER.PETITIONER.
EXHIBIT P4(a)-THE UNIQUE IDENTIFICATION CARD OF KUMARI SWATHI S.NAIR.
EXHIBIT P5- TRUE COPY OF THE RATION CARD.
EXHIBIT P6- TRUE COPY OF THE PAN CARD.
EXHIBIT P7- TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 24-5-2011.DATED 24-5-2011.
EXHIBIT P8- TRUE COPY OF THE COMMUNICATION DATED 7-10-2011 ISSUED BY THE SCHOOL AUTHORITIES.SCHOOL AUTHORITIES.
EXHIBIT P9- TRUE COPY OF THE COMMUNICATION DATED 28-11-2011 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT.1ST RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P10- TRUE COPY OF THE REPRESENTATION DATED 30-11-2011 BEFORE THE 2ND RESPONDENT.2ND RESPONDENT.
EXHIBIT P11- TRUE COPY OF THE COMMUNICATION DATED 4-9-12 ISSUED TO THE 2ND RESPONDENT BY THE 3RD RESPONDENT.RESPONDENT BY THE 3RD RESPONDENT.
EXHIBIT P12- TRUE COPY OF THE COMMUNICATION ISSUED TO THE 2ND RESPONDENT BY THE 3RD RESPONDENT DATED 9-1-2012.RESPONDENT BY THE 3RD RESPONDENT DATED 9-1-2012.
EXHIBIT P13- TRUE COPY OF THE REPRESENTATION DATED 24-8-12 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
P.R.RAMACHANDRA MENON, J.
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W.P.(C) NO. 28107 of 2012 (K)
---------------------------------------- Dated this the 31[st] day of December, 2012
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JUDGMENT
The petitioner has approached this Court seeking for adirection to the 1[st] and 2[nd] respondents to make necessarycorrections as to his name as it now appears in the schoolrecords and the SSE certificate of the petitioner's daughter Ms.Swathi S. Nair.
2. The case of the petitioner is that his actual name is'M. Suresh Kumar', as it appears in all the relevant recordsexcept the school records of the daughter, wherein it is shown as'M. Suresh'. The mistake came to be noticed only recently andimmediately steps were taken to have the same corrected, alsoproducing all the relevant documents such as ID Card, BirthCertificate, 'AADHAAR' Card, Ration Card etc. It is also statedthat the school authorities took necessary steps as borne by Ext.P8 to cause the name to be corrected in the records ofrespondents 1 and 2, when Ext. P9 communication was issued bythe 1[st] respondent, whereby the 3[rd] respondent school authoritieswere let known that the school authorities had to effect the correction in the school records and thereafter the proceedingswere taken to be forwarded to the 1[st] respondent for furthersteps. It was accordingly, that necessary corrections wereeffected in the school records as borne by Ext. P11 and thematter was forwarded to the respondents 1 and 2; which is stillto be acted upon and hence the grievance.
3. Heard the learned Standing Counsel appearing forrespondents 1 and 2 and also learned counsel appearing for the3[rd] respondent school and also Central Government Counselappearing for the 4[th] respondent.
4. The learned Standing Counsel for the 1[st] and 2[nd]respondents submits that, since the school records have alreadybeen corrected, the request of the petitioner to cause the nameof the father of the pupil corrected in the relevant records can beconsidered and appropriate orders will be passed in this regard.
5. After hearing both sides, the writ petition is disposedof, directing 1[st] and 2[nd] respondents to cause necessary correctionof the name of the father of Ms. Swathi S. Nair whose name hasbeen referred to in Ext. P9 and the position shall be
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communicated to the petitioner as well, at the earliest, at anyrate within 'two' months.
sd/- P.R.RAMACHANDRA MENON, JUDGE
DCS