IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1608 of 2009()
1. THE CENTRAL BOARD OF SECONDARY EDUCATION
... Petitioner
2. THE CONTROLLER OF EXAMINATIONS,
3. THE REGIONAL OFFICER,
Vs
1. VINNI VARGHESE D/O NA,VARGHESE,
... Respondent
2. THE PRINCIPAL, THE VIDYADHIRAJA VIDYABHA
3. UNION OF INDIA REP.BY THE SECRETARY TO
For Petitioner :SRI.K.RAMAKUMAR (SR.)
For Respondent :SRI.P.J.PAULACHAN
The Hon'ble the Chief Justice MR.S.R.BANNURMATH
The Hon'ble MR. Justice A.K.BASHEER
Dated :11/11/2009
O R D E R
S.R. Bannurmath, C.J. & A.K. Basheer, J.
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W.A.No. 1608 OF 2009
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Dated this the 11th day of November, 2009
JUDGMENT
Basheer, J.
This appeal is at the instance of the Central Board of
Secondary Education and the Controller of Examination
under the said Board.
2. The appellants impugn the judgment passed by the
learned Single Judge directing the Principal of the institution
under the Board to make appropriate correction in tune with
Ext.P1 Birth Certificate in the school records. The Principal
was further directed to intimate appellant No.2 regarding
the correction and the appellants in turn were directed to
make correction in the marks statement, if the student
produces the marks statement before them.
3. When this appeal is taken up for consideration
today, it is brought to our notice that the above issue is
squarely covered by a judgment rendered by a Division
WA No.1608 of 2009
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Bench of this Court in WP(C) No.12857 of 2009 and
connected cases.
4. The Division Bench noticed that the Board had
already taken a decision to carry out necessary corrections
in the birth certificate and other school records. The
Division Bench disposed of the Writ Petition after recording
the contents of the communication received from the Board
and directed the School authority concerned to correct the
date of birth of the petitioner in the above writ petition.
5. Learned counsel for respondent No.1 submits that
because of the pendency of this Writ Appeal, respondent
No.2 is reluctant to do the needful in the matter and to
carry out the requisite corrections. In view of the decision
in WP(C) No.12857 of 2009 referred above, we do not find
any reason why respondent No.2 shall not comply with the
direction issued by the learned Single Judge. Therefore, the
Writ Appeal is disposed of with a direction to respondent
No.2 and such other competent authority to carry out
WA No.1608 of 2009
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corrections as directed by the learned Single Judge.
The Writ Appeal is disposed of in the above terms.
S.R. Bannurmath,
Chief Justice.
A.K. Basheer,
Judge.
ttb