Court No. - 7
Case :- WRIT - C No. - 9012 of 2019 Petitioner :- Kishma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Sharma Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Sri Satya Prakash Sharma, learned counsel for the petitioner submits, that the order dated 06.02.2019 passed by the respondent authorities, rejecting the application for correction in the name of the petitioner, as recorded in the High School certificate, issued by the respondent Board is perverse and suffers from non application of mind.
The name of the petitioner as recorded in the High School certificate is Rishma; the correct name of the petitioner is Kishma. The correct name of the petitioner, namely Kishma, is recorded in the Intermediate certificate, issued by the respondent Board, as well as the certificates issued by the University at the time of her graduation. These documents have been overlooked by the respondent authorities while passing the impugned order dated 06.02.2019. The petitioner is currently working as Aganbari Karyakatri. On account of the aforesaid discrepancy in her records, her appointment is under scrutiny.
A perusal of the order dated 06.02.2019 shows that the certificates of Class XIIth issued by the respondent Board as well as the graduation certificate have not been considered.
The order dated 06.02.2019 is based on non application of mind to relevant facts. Clearly there is inconsistency in the certificates issued by the Board. The inconsistency is costing the petitioner dear. The order dated 06.02.2019 is arbitrary, illegal and cannot stand. The order dated 06.02.2019 is quashed. The matter is remitted to the respondent Board.
The petitioner shall make a representation along with relevant documents to the respondent Board within two weeks. The respondent Board shall decide the application of the petitioner within a period of four weeks from the date of receipt of a certified copy of this order by a reasoned and speaking order.
The respondent Board, shall consider the application of the petitioner, afresh taking into account the Intermediate Education Certificate, issued by the respondent Board, as well the graduation certificate issued by the Agra University.
In case, the identity of the petitioner is not disputed, the respondent Board shall decide the representation giving due weight to the aforesaid documents. Further in such situation, the Board shall ensure that the details of the petitioner in Class Xth certificate, issued by the Board are made consistent with her particulars in the Class XIIth certificate, issued by the Board.
The writ petition is partly allowed.
Order Date :- 31.7.2019 Pravin