Court No. - 16
Case :- WRIT - C No. - 28774 of 2018 Petitioner :- Akhand Pratap Singh Sengar (Minor) Through Their Parents Sri Ajay Singh Sengar (Father) And Another Respondent :- Union Of India And Another Counsel for Petitioner :- In Person,Smt. Sanno Singh Counsel for Respondent :- A.S.G.I.,Narendra Pratap Singh
Hon'ble Mrs. Sangeeta Chandra,J.
Heard learned counsel for the petitioners and Sri Narendra Pratap Singh, learned counsel for respondent no.2.
Counter affidavit has been filed on behalf of respondent no.2 and is taken on record.
In paragraphs 7, 8 and 9 of the said affidavit, the deponent of the affidavit i.e. the Principal of Kendriya Vidyalaya, V.D. Road, Top Khana Bazar, New Cantt, Allahabad, has mentioned thus :-
"7. That as per K.V.S. rules the respondent no.2 is empowered to change the shift of real brother or real sisters studying in Kendriya Vidyalaya in different shifts.
8. That when petitioners' father meet with deponent then deponent assureed him that as per rules he will solve his problem and depondent call him on 24.8.2018 due to Youth Parliament program on 23.8.2018. But inspite of the assurance petitioners were on so hurry they have prepared the writ petition and notices served to the K.V.S. Counsel on 21.8.2018.
9. That the deponent also assured the petitioners' father that so far the correction of name is concerned he is ready to correct the same subject to the procedure adopted by the K.V.S., for change and correction in the name. In this regard it is submitted that the father of the petitioners has submitted an affidavit on behalf of father and mother which has been received only on 23.8.2018 afternoon, when the Youth Parliament programme was going on in the K.V. New Cantt, Allahabad. In this regard it is also submitted that a paper publication is required in daily news paper for name correction."
It is apparent that shifting of the two sons of Mr. Ajay Singh Sengar i.e. the petitioners herein, Akhand Pratap Singh Sengar and Aditya Pratap Singh Sengar have been agreed upon. However, with regard to correction of name of the mother of the two petitioners, the procedure that has been prescribed by Kendriya Vidyalaya Sangathan, has to be followed. A newspaper publication has to be done. Only an affidavit has been submitted by the petitioners and petitioners' mother and father.
It has been submitted by learned counsel for the petitioners that publication as required under the rules has already been done. However, this Court finds that in case there are certain formalities that need to be carried out to the fullest, the Principal of the School shall inform the petitioners' father within a period of one week from today, and the petitioners' father shall thereafter, complete all the formalities within one week thereafter.
Necessary orders be passed by the competent Authority strictly in accordance with law, within a further period of four weeks.
This writ petition is disposed of.
Order Date :- 24.8.2018 Shalini