JUDGMENT

Dated this the 16 th day of February, 2021 S.Manikumar, CJ Challenge in the instant writ appeal is to the judgment made in W.P .(C) No.27523 of 2019 dated 30.10.2019, by which the writ court issued the following directions:-

“In the said view of the matter, the writ petition is disposed of permitting the petitioner to file a fresh application for correction of the mistake in the certificate before the school on the basis of Ext. P2 birth certificate, and directing the school authorities to correct the mistake as regards the name of the petitioner in the school records pertaining to her son. It is also directed that thereafter, the school authorities shall forward the application to the CBSE with the corrected school records. Needless to say that on receipt of the application of the petitioner along with the school records from the school, the appropriate correction shall be made in the records of the C.B.S.E. This shall be done within 3 months.”

2. Short facts leading to the appeal are as under:-

A ppellant is the Central Board of Secondary Education.

Petitioner has filed the writ petition aggrieved by Ext.P4 rejection of the 2 nd appellant dated 01.08.2019 and for a direction to correct her name in Ext.P1 mark sheet of her son.

According to the petitioner, her name is Nissy Paul as per Ext. P2 Birth Certificate of her son, but in Ext.P1 Mark sheet of her son, it is mistakenly noted as Nissy Eldhose. The wrong entry in the school records was an inadvertent mistake that occurred at the time of joining school. Therefore, she had forwarded a request for correction and the same was rejected vide Ext. P4 rejection order dated 01.08.2019.

The appellants herein had filed a statement, objecting the 1 st respondent's request for correction of Date of Birth.

When the matter came up for consideration, the learned Single Judge disposed of the writ petition holding that the bye laws are only enabling provisions and the same shall not be an impediment for carrying out correction in cases where refusal to carry out correction would result in irreparable harm to the party and permitting the petitioner to file a fresh application before the school and directing the appellants to effect correction upon receipt of the application along with corrected school records within 3 months. It is contended that the learned Single Judge omitted to consider the fact that the request for correction was made only on 15.07.2019 through the school. Aggrieved by the judgment in WP(C) No. 27523/2019 dated 30.10.2019, instant writ appeal is filed.

3. Assailing the correctness of the judgment made in WP(C) No. 27523/2019 dated 30.10.2019 , Central Board of Secondary Education has raised the following grounds: A . As per the examination byelaw 69.1(i), the corrections that could be carried out are only to correct typographical and other errors, to make the certificates consistent with the school records.

B. The appellants herein as per the above judgment are directed

correct the entries in the CBSE Certificate application taking into account Ext.P2 Birth Certificate upon receipt of the application along with corrected school records from the school, within 3 months from the date of receipt of a copy of the judgment. The above direction of the learned single judge is without considering the fact that the correction sought is not in accordance with the relevant bye-laws of the CBSE Examination Bye laws for correction of name of the mother of the candidate.

C. The appellants herein had filed a counter statement objecting the 1 st respondent request for correction of Date of Birth. When the matter came up for consideration, the learned Single Judge disposed off the writ petition holding that the bye-laws are only enabling provision and the same shall not be an impediment for carrying out correction in cases where refusal to carry out correctio