Court No. - 42
Case :- WRIT - C No. - 18530 of 2021 Petitioner :- Km. Manasi @ Km. Mansi Mishra (Minor) Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Indrajeet Kumar,Ashok Kumar Srivastava,Bansh Raj Mishra Counsel for Respondent :- A.S.G.I.,Hridai Narain Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri H.N. Pandey, learned counsel for the respondent nos. 2 and 3.
Learned counsel for the petitioner has served respondent no. 1.
Present petition has been filed for quashing the order dated 29.9.2020 passed by the Assistant Secretary (M & M) Central Board of Secondary Education, Regional Office, M.G. Road, Allahabad. Further prayer has been made seeking direction to Assistant Secretary (M & M) CBSE Board, Allahabad to correct the name of the petitioner.
Submission of learned counsel for the petitioner is that the correction in the name of the petitioner is liable to be carried out to avoid any complication in future insofar as further career of the petitioner is concerned. It is submitted that the College has recommended the correction in the name of the petitioner but the CBSE Board has illegally rejected the same.
Per contra, learned counsel for the respondent nos. 2 and 3 submitted that it is not a case of correction in name but it is a case of change of the name and the better course would be to get the name corrected / changed in the school record first and thereafter the school may forward the same to the CBSE Board for necessary action, which may be considered by the Board in view of the latest judgment of Hon'ble Apex Court in the case of Jigya Yadav (Minor) (through Guardian / Father Hari Singh) vs. C.B.S.E. (Central Board of Secondary Education) & Ors. (Civil Appeal No. 3905 of 2011).
Learned counsel for the petitioner submitted that he may be given liberty to approach the respondent no. 4-Principal, Ewing Christian Public School, 712 Mutthiganj, Prayagraj so that school record may be corrected first.
No doubt the petitioner can apply for change in her name before the CBSE Board but in view of the practical difficulty that may arise in future with different name in the CBSE Board Certificate and school record and may create confusion for future studies, going abroad and all other relevant events, therefore, it would be in the fitness of things that the school record may be corrected first.
Both the parties agreed that the school record of the petitioner itself may be corrected first.
In such view of the matter, present petition stands disposed of with liberty to the petitioner to approach the respondent no. 4- Principal, Ewing Christian Public School, 712 Mutthiganj, Prayagraj for the purpose of correction / change in the name of her school record and thereafter the School may forward the documents to the CBSE Board for necessary action and thereafter CBSE Board may correct the name accordingly. In case, any such application is filed before the respondent no. 4, the same shall be considered by the respondent no. 4 within a period of one month and thereafter forward the documents to the CBSE Board, who shall correct the name accordingly within one month thereafter.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 12.8.2021 Lalit Shukla