Court No. - 41
Case :- WRIT - C No. - 19444 of 2019 Petitioner :- Shalini Pachauri Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Neeraj Srivastava,Hari Mohan Srivastava Counsel for Respondent :- C.S.C.,Hridai Narain Pandey
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 and 2 and Sri Hridai Narain Pandey, learned counsel for the respondent no.3.
Learned counsel for the petitioner submitted that there is spelling mistake of title in the names of petitioner as well as her father in the High School and Intermediate Marksheets. The correct spelling of title is 'Pachauri' whereas it has been mentioned as Pachouri. He further submitted that for the aforesaid purpose, she has moved applications dated 23.3.2018 and 26.3.2019 before the respondent nos. 3 and 2 respectively, but till date, no correction has been made.
Learned Standing Counsel as well as learned counsel for the respondent no.3 submitted that no proper application through educational institution has been received in the respective offices of respondent nos. 2 and 3, therefore, no correction could be made.
Learned counsel for the petitioner prayed that he may be permitted to move an application through educational institutions and respondent nos. 2 and 3 may be directed to consider and decide the applications of the petitioner within a stipulated period.
Considering the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to move fresh applications for correction of spelling of title in her name as well as in the name of her father through respective educational institutions. In case any such applications are filed before the respondent nos. 2 and 3 within two weeks from today, the same shall be considered and decided strictly in accordance with law within six weeks from the date of receipt of the applications from the respective educational institutions.
It is further directed that in light of a Division Bench judgment of this Court in the case of Anand Singh Vs.
U.P. Board of Secondary Education and 2 others reported in 2014 (3) ADJ 443 (DB), the correction application in name of petitioner or father and mother shall not be rejected on the ground of delay. However, if correction is not permissible, for any other ground or law,
the respondent nos. 2 and 3 shall pass a reasoned order within the same time.
Order Date :- 31.5.2019 Rmk.