Court No. - 25
Case :- WRIT - C No. - 31514 of 2018 Petitioner :- Rajul Yadav Respondent :- Union Of India And 4 Others Counsel for Petitioner :- Santosh Mani Shukla Counsel for Respondent :- A.S.G.I.,Abhitab Kumar Tiwari,Hridai Narain Pandey
Hon'ble Ajay Bhanot,J.
Heard Sri Santosh Mani Shukla, learned counsel for the petitioner and Sri H.N. Pandey, learned counsel for the respondent Board.
Petitioner has assailed the order dated 08.06.2018 whereby the application for correction of the name of his father as recorded in the Class Xth marksheet and certificate issued by the respondent Board has been rejected. The name of the father of the petitioner as recorded in the aforesaid Class Xth certificate and marksheet is "Anil Yadav". The correct name of the petitioner's father is Dori Lal Yadav.
On an earlier occasion by order dated 20.08.2015 the application of the petitioner was rejected. The order dated 20.08.2015 only references the amended Examination Bye- Laws of Regulation 69.1(ii) and Head Office order 4(ii) to reject the application of the petitioner.
The order dated 08.06.2018 assailed in the instant writ petition records that the name of the petitioner as recorded in various original school records was D.L. Yadav and not Dori Lal Yadav. It is pertinent that the Class XIIth certificate issued by the respondent Board records the name of the father of the petitioner as Dori Lal Yadav. The aforesaid certificate was issued on 06.08.2015. Subsequently the father's name of the petitioner is recorded as Dori Lal Yadav in the graduation certificate of the petitioner as well. All other personal documents of the petitioner reflect the name of the father of the petitioner as Dori Lal Yadav.
The order dated 08.06.2018 is unsustainable since the Central Board of Secondary Education itself has issued a marksheet and certificate for Class XIIth examination recording the name of the father of the petitioner as Dori Lal Yadav. The inconsistency in the High School and Class XIIth certificate has to be corrected by the respondent Board.
The order dated 08.06.2018 is arbitrary, illegal and cannot stand. The order dated 08.06.2018 is quashed. The matter is remitted to respondent no. 3 Regional Officer, Regional Officer Central Board of Secondary Education, Allahabad.
The petitioner shall submit a fresh application for correction of his father's name in the Class Xth certificate and marksheet issued by the respondent Board, along with a certified copy of this order, before respondent no. 3.
A writ of mandamus is issued commanding respondent no. 3 to make necessary corrections in the name of the father of the petitioner as recorded in the Class Xth marksheet and certificate issued by the respondent Board and make it consistent with Class XIIth certificate issued by the respondent Board.
The exercise shall be completed within a period of one month from the date of receipt of a certified copy of this order. A fresh Class Xth certificate and certificate incorporating the said changes shall be issued to the petitioner immediately after the aforesaid period of one month.
The writ petition is allowed.
Order Date :- 26.2.2019 Pravin