Court No. - 32
Case :- WRIT - C No. - 3585 of 2021 Petitioner :- Vanshika Gupta Respondent :- Central Board Of Secondary Education And 3 Others Counsel for Petitioner :- Ram Singh Counsel for Respondent :- Hridai Narain Pandey
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Ram Singh, learned counsel for the petitioner and Mr. Hridai Narain Pandey, learned counsel for Central Board of Secondary Education.
The writ petition has been filed by the petitioner with the following prayer:-
"I. Issue a writ, order or direction in the nature of mandamus directing the respondent board to correct the name of the petitioner as "VANSHIKA GUPTA" in place of "VANSHIKHA GUPTA" and also correct the date of birth of petitioner as "20.03.2002" in place of "21.03.2000" in the Class X Grade Sheet cum Certificate of performance of the Secondary School Examination, 2017 bearing Roll No. 5080693.
II. Issue a writ, order or direction in the nature of mandamus directing the respondent board to issue fresh computerized Class X Grade Sheet cum Certificate of performance of the Secondary School Examination, 2017 to the petitioner after correcting the name and date of birth of petitioner."
Learned counsel for the petitioner submits that petitioner completed her Class IXth from Saraswati Shishu Mandir, Higher Secondary School, Gorakhpur and in the school records/result of class IXth the name of the petitioner has been correctly mentioned as "Vanshika Gupta" and the date of birth of the petitioner has been mentioned as "21.03.2002".
He further submits that petitioner appeared in Class Xth examination in the session 2016-17 but when she obtained her mark-sheet and certificate of Class Xth, name of the petitioner has been incorrectly mentioned as "Vanshikha Gupta" in place of "Vanshika Gupta" and the date of birth was also incorrectly mentioned as "21.03.2000" in place of "21.03.2002". Several representations were placed before the authorities concerned requesting for correction of petitioner's name as well as date of birth in the mark-sheet and certificate of Class Xth but nothing was done, hence, the writ petition has been filed.
Mr. H.N. Pandey, learned counsel for the respondent nos.1, 2 and 3 submits that the aforesaid correction can be carried out only after obtaining certain records from the college of respondent no.4, from where the petitioner has pursued her studies. Several letters have been sent to the respondent no.4 in this regard.
For ready reference, the last letter dated 25.10.2018, which has been sent to respondent no.4 requiring the aforesaid documents, reads as follows:-
"1. School Leaving Certificate (SLC/TC) of previous school duly countersigned submitted the parents of the candidate at the time of admission.
2. Admission Form filled in by the parents of the candidate at the time of admission.
3. Protion of the page of Admission and Withdrawal Register (AWR) of school where necessary entry has been made in respect of the above candidate(s).
4. The class-wise data of the concerned students(s) starting from first entry in LKG/Class-1 to Class-X be reflected in AWR as per HQ orders dated 31 Aug 2017 attested Photo copy.
5. Date of Birth format (COPY ENCLOSED) duly completed in all respects, signed and stamped by principal of concerned school in Original as per HQ orders dated 31 Aug 2017.
6. Photocopy of the Date of Birth Certificate."
He further submits that in case such documents are provided by the college, needful will be done in correcting the name of the petitioner as well as date of birth in Class Xth mark-sheet and certificate after verifying from the records sent by respondent no.4, Principal, Saraswati Shishu Mandir, Higher Secondary School, Gorakhpur.
Notices have not been issued to respondent no.4, Principal, Saraswati Shishu Mandir, Higher Secondary School, Gorakhpur. In case notice is issued to respondent no.4, the matter will be delayed unnecessarily. Keeping in mind the fact that the present matter pertains to the student, instead of issuing notice to respondent no.4, the counsel for the petitioner is directed to serve a copy of this order upon respondent no.4, Principal, Saraswati Shishu Mandir, Higher Secondary School, Gorakhpur personally requesting him to place the records pertaining to the petitioner before respondent no.3 as mentioned in letter of respondent board dated 25.10.2018, a copy of which has also been sent to respondent no.4.
In view of the aforesaid facts and circumstance of the case, without expressing any opinion on the merits of the case, this writ petition is finally disposed of with a direction upon the petitioner to file a fresh representation/application, ventilating all her grievances, supported by such documents, as she may be advised, before the respondent no.4 i.e. Principal, Saraswati Sishu Mandir, Higher Secondary School, Gorakhpur within two weeks along with a certified copy of this order. On receipt of the same, respondent no.4 shall place the same along with all relevant records, as available in his office/institution, before respondent no.3 i.e. Regional Officer, Central Board of Secondary Education, Prayagraj Region, Prayagraj, who shall do the needful to correct the name of the petitioner as well as her date of birth in accordance with law by means of a reasoned and speaking order.
It is made clear that this Court has not examined the merits of the claim of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law.
Order Date :- 17.12.2021 Rahul.