Court No. - 32
Case :- WRIT - C No. - 14388 of 2020 Petitioner :- Prince Kumar Respondent :- Chairman Central Board Of Secondary Education And 2 Ohers Counsel for Petitioner :- Ram Kishun Misra,Damodar Singh Counsel for Respondent :- Surendra Prasad Sharma
Hon'ble Rohit Ranjan Agarwal,J.
1. Counter affidavit, filed today, is taken on record.
2. Heard Sri Ram Kishun Misra, learned counsel for the petitioner and Sri S.P. Sharma, who has put in appearance on behalf of Central Board of Secondary Education, respondents No.1 and 2.
3. This writ petition has been filed assailing the order dated 16.01.2020 passed by Assistant Secretary, Central Board of Secondary Education (CBSE) whereby application for correction in the father's name of the petitioner in the marks sheet and certificate of Secondary School Examination of 2017 and Senior School Certificate Examination, 2019 has been rejected.
4. The submission made on behalf of petitioner is that the name of the petitioner's father is "Kanaiya Singh Yadav" while in the marks sheet and certificate issued by the Board of Intermediate reflects as "Kanhaiya Yadav". The application made before the Board was rejected on the ground that the admission form as well as transfer certificate reflect the name as "Kanhaiya Yadav" and thus no such correction can be made at the stage after the petitioner has crossed level of Senior School Certificate Examination -2019.
5. Sri Misra, appearing for the petitioner submitted that now in view of the judgment of Apex court in the case of Jigya Yadav (Minor) (through guardian/father Hari Singh) Versus C.B.S.E. (Central Board of Secondary Education) & ors., Civil Appeal no.3905 of 2011, decided on 03.06.2021, the respondent-Board cannot reject the claim of the petitioner and the marks sheet as well as certificate issued by the Board needs to be corrected.
6. Sri S.P.Sharma, learned counsel appearing for the Board while opposing the writ petition submitted that the documents, which were forwarded by the petitioner and the school records reflect name of petitioner's father as "Kanhaiya Yadav" and not Kanaiya Singh Yadav" as such, decision taken by the Board was correct. However, he could not dispute the fact that now, in the changed circumstances, in view of the dictum of Apex Court in the case of Jigya Yadav (Minor) (through guardian/father Hari Singh) (supra), the matter needs reconsideration.
7. I have heard rival submission of the parties and from perusal of record it transpires that the only correction, which has been sought is in the marks sheet as well as certificate of Secondary School Examination of 2017 and Senior School Certificate Examination, 2019 is for the correction of father's name of the petitioner as "Kanaiya Singh Yadav" in place of "Kanhaiya Yadav".
8. As this issue is no more res integra and the air has been cleared by the Apex Court in the judgment of Jigya Yadav (Minor) (through guardian/father Hari Singh) (supra), this Court finds that the order passed on 16.01.2020 is unsustainable and is hereby quashed. The matter is remanded back to respondent No.2 to relook and pass appropriate order in view of the decision of Apex Court in the case of Jigya Yadav (Minor) (through guardian/father Hari Singh) (supra) preferably within a period of two months from the date of production of a copy of this order downloaded from the website of this Court.
9. Writ petition stands partly allowed.
Order Date :- 24.9.2021 Kushal