Case :- WRIT - C No. - 16879 of 2021 Petitioner :- Shadab Raza Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Brijesh Kumar Yadava,Shailendra Kumar Verma Counsel for Respondent :- A.S.G.I.,Hridai Narain Pandey
Hon'ble Vivek Kumar Birla,J.
Supplementary affidavit placing the Marks Statement Cum Certificate of the year 2019 filed today is taken on record.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
Present petition has been filed with following prayer:-
"i. To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 14.10.2020 passed by the Respondent No. 3, by which he has rejected the application of the Petitioner pursuant to the desired correction in Father's name and Mother's name of the Petitioner.
ii. To issue a writ, order or direction in the nature of mandamus commanding and directing the Respondents to correct the parents name of the Petitioner as father name "Noorul Hasan Ansari" instead of Noorafsha Khatoon and mother's name "Noor Afshan Khatoon" instead of Noorjahan Khatoon mentioned in the record of the Respondents."
Submission is that the correct name of mother of the petitioner is "Noor Afshan Khatoon" and the correct name of the father of the petitioner is "Noorul Hasan Ansari" whereas in the certificate issued by Central Board of Secondary Education annexed at page 6 of the supplementary affidavit mother's name of the petitioner has been written as "Noorjahan Khatoon" and father's name of the petitioner has been written as "Noorafshan Ansari".
Drawing attention to the letters sent by the school at page 35 of the paper book, it is submitted that the school vide letter dated 24.7.2020, which is annexed at page 28 of the paper book, has informed the correct names of father and mother of the petitioner to the Board. Submission, therefore, is that order impugned herein is liable to be set- aside and the court is liable to be directed to grant the relief to the petitioner in view of the latest judgment of Hon'ble Supreme Court in case of (Jigya Yadav vs. Secretary CBSE) in Civil Appeal No. 3905 of 2011 decided on 3.5.2021.
I find that it would be in the fitness of things that the Board should re-consider the claim of the petitioner in view of the judgment of Jigya Yadav (supra).
The concerned authority of the Board is free to summon the original records from the school and if the claim of the petitioner is found to be correct and genuine, necessary action be taken for correction of the names. In case, the authority concerned is not satisfied with the original records of the school, the petitioner may be directed to get the name corrected in school records first and thereafter, the school may sent back the record to the Board for necessary action that may be required to be carried out as per Jigya Yadav (supra).
In such view of the matter, the impugned order dated 14.10.2020 is hereby quashed.
The petitioner is set at liberty to file fresh representation before the Regional Officer Central Board of Secondary Education, Regional Office Allahabad as the decision of the Regional Secretary was only communicated by the respondent no. 3, along with the self- attested copy of this order, which may be verified from the official website of this Court.
In case, any such representation is filed before the Regional Officer Central Board of Secondary Education, Regional Officer Allahabad, the same shall be considered and decided by him on its own merits strictly in accordance with law preferably within a period of two months and in case, the Board finds that correction is required in the school record, the petitioner may be immediately informed to raise his grievance before the school concerned for correction of the school record and thereafter the school shall sent back the record to the Board for necessary action.
With these observations/ directions, present petition stands disposed of.
Order Date :- 24.8.2021 Aditya