Ker HC | Particulars of class X and XII mark sheets can be corrected by CBSE even if application thereof is filed belatedly, on payment of a fine

Kerala High Court: Shaji P. Chaly, J. allowed a civil writ petition filed by a former student of a CBSE school assailing CBSE officials’ order, rejecting her application seeking correction of particulars in her class X and XII certificate.

Petitioner herein had completed her X and XII standard from the respondent 4 school (Kendriya Vidyalaya CRPF, Pallippuram) under the Central Board of Secondary Education Board (CBSE). The instant petition was filed assailing the order of Regional Officer, CBSE (Respondent 2 and 5 herein) declining to carry out a correction in the certificates issued by CBSE with respect to the name of petitioner’s mother.

The reason for rejection of petitioner’s request was that there was delay on her part in seeking correction in class X certificate in accordance with the provisions of examination bye-laws of the CBSE; and so far as XII standard’s certificate was concerned, it was not in consonance with the school records and therefore, a Gazette notification was required for changing the name.

The Court relied on Subin Mohammed S. v. Union of India, 2015 SCC OnLine Ker 34544 where it was held that in case of delay in seeking correction in a certificate, the said correction can be carried out by imposing a fine of Rs 5000. As far as the class XII certificate was concerned, petitioner’s application was within time, and the change sought by the petitioner was in accordance with her birth certificate in which the name of her mother was shown correctly.

In view of the above, the impugned order was set aside directing the respondent 2 to reconsider the application submitted by the petitioner in accordance with law at the earliest.[Archa Mohan v. Controller of Examinations, 2019 SCC OnLine Ker 1161, decided on 01-04-2019]

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