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2022 Supreme(Online)(KER) 58427

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 7TH DAY OF APRIL 2022 / 17TH CHAITHRA, 1944 WP(C) NO. 4723 OF 2022 PETITIONER:

NIZAMUDHEEN NOORUDHEEN,AGED 26 YEARS S/O.NOORUDEEN MOHAMMED, MALIYAKKATHODI HOUSE, THAZHECODE WEST POST, PERUNTHALMANNA TALUK, MALAPPURAM DISTRICT - 679 322.

BY ADV SAJEEV KUMAR K.GOPAL RESPONDENTS:

1 THE CENTRAL BOARD OF SECONDARY EDUCATION HEAD QUARTER, SHIKSHA KENDRA, 2, COMMUNITY CENTRE, PREET VIHAR, DELHI - 110 092, REPRESENTED BY CONTROLLER OF EXAMINATION.

2 *(THE REGIONAL DIRECTOR)

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE (CHENNAI), NEW NO.3, OLD NO.1630A, J BLOCK, 16TH MAIN ROAD, ANNA NAGAR WEST, CHENNAI - 600 040.

* CORRECTED AS REGIONAL OFFICER

3 **(THE REGIONAL DIRECTOR,)

CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE (TVM), CTTC, ADMIN BLOCK, BSNL RTTC CAMPUS, KAIMANAM, THIRUVANANTHAPURAM - 695 040.

**CORRECTED AS REGIONAL OFFICER * AND ** CORRECTIONS IN CAUSETITLE CARRIED OUT AS PER ORDER DATED 15.03.2022 IN WPC 4723/2022.

4 ANSAR ENGLISH SCHOOL, PERIMPILAVU, KARIKKAD P.O, THRISSUR, KERALA – 680 519, REPRESENTED BY ITS PRINCIPAL

5 ST.JOSEPH ENGLISH MEDIUM SCHOOL, VALANCHERRY- NILAMBUR ROAD, PUTHANANGADI, KERALA – 679 321, REPRESENTED BY ITS PRINCIPAL.

ARE IMPLEADED AS PER ORDER DATED 07.04.2022 IN I.A.NO.1 OF

2022 BY ADV NIRMAL.S- R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

07.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 7th day of April, 2022 The petitioner has approached this Court seeking to direct respondents 2 and 3 to consider Exts.P7 and P8 respectively and to change the name of the petitioner as well as that of his father in Exts.P1 and P2 Certificates as expeditiously as possible or at any rate, within a period of one month.

2. The petitioner completed his 10th Standard in the year

2013. He completed his 12th Standard in the year 2016. The petitioner through a gazette notification changed his name as ‘Nizamudheen Noorudheen’ instead of ‘Nizamudheen’ mentioned in Exts.P1 and P2 Certificate. Thereafter, the petitioner filed application to correct his name in the School Certificates.

3. Though the petitioner submitted Exts.P7 and P8 request before respondents 2 and 3 for changing the name in the records so as to avoid any complication in the future, the applications were not considered. It is in such circumstances that the petitioner has approached this Court.

4. The learned Standing Counsel for respondents 1 to 3 filed a statement. The Standing Counsel submitted that the Hon'ble Apex Court delivered its judgment in Jigya Yadav v. Central Board of Secondary Education [2021 (3) KLT 711(SC)] exhaustively dealing with the issue of correction of CBSE records/certificates.

5. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.

6. It is not disputed that the procedure/norms relating to the correction of Date of Birth and name of Candidates and parents are now governed by the judgment of the Hon'ble Apex Court in Jigya Yadav v. Central Board of Secondary Education (supra) till the amended bye-laws are notified by the CBSE. Therefore the application for correction submitted by the petitioner will have to be considered in the light of the judgment of the Apex Court.

7. In such circumstances, the writ petition is disposed of directing the 2nd respondent to consider the application for correction of Ext.P1 and the 3rd respondent to consider the request for correction of Ext.P2 Certificate. Respondents 2 and 3 shall consider the applications in the light of law laid down by the Hon'ble Apex Court in Jigya Yadav v. Central Board of Secondary Education (supra) and as per scheme provided in paragraphs 170 and 171 of the judgment.

A decision in this regard shall be taken by the 2nd respondent within a period of four weeks and by the 3rd respondent within 4 weeks thereafter. To enable the respondents to consider the applications afresh in the light of the judgment of the Hon'ble Apex Court, Exts.P7 and P8 orders are set aside.

sd/-

N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 4723/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CBSE VIDE NO.S.NO.SSE/20130810958 DATED 26/05/2013.

Exhibit P2 TRUE COPY OF THE CERTIFICATE NO.SSCE/2016/1227050 DATED 21/05/2016.

Exhibit P3 TRUE COPY OF THE GAZETTE NOTIFICATION PUBLISHED IN THE KEREALA GAZETTE DATED

02/11/2021.

Exhibit P4 TRUE COPY OF THE AADHAR CARD ISSUED BY THE UNIQUE IDENTIFICATION AUTHORITY OF INDIA IN THE NAME OF THE PETITIONER.

Exhibit P5 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER'S FATHER AS NOORUDEEN MOHAMMED.

Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, THAZHECODE CERTIFYING THAT NOORUDEEN MOHAMMED AND MOHAMMED NOORUDHEEN ARE ONE AND THE SAME.

Exhibit P7 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 10/12/2021.

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE

3RD RESPONDENT DATED 10/12/2021.

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