Patna High CourtCWJC/5072/2018disposed

Shubham v. The Central Board Of Secondary Education And ORS

2018-03-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5072 of 2018 ====================================================== Shubham, aged below 18 years, represented by his father Dhirendra Kumar Singh, Son of Sri Rajendra Prasad Singh, Resident of Ayodhya Enclave, Flat No. 303, DVC Colony Road, Yarpur, Police Station- Gardanibagh, DistrictPatna. ... ... Petitioner/s

Versus

1. The Central Board of Secondary Education, New Delhi through its Chairman.

2. The Chairman, Central Board of Secondary Education, New Delhi.

3. The Regional Officer, Central Board of Secondary Education (C.B.S.E), Ambika Complex, Behind S.BI. Colony, Near Brahymasthan, Sheikhpura, Bailey Road, Patna- 800014.

4. The Assistant Secretary (M&M), Central Board of Secondary Education (C.B.S.E), Ambika Complex, Behind S.B.I. Colony, Near Brahymasthan, Sheikhpura, Bailey Road, Patna- 800014.

5. The Section Office (M&M), Central Board of Secondary Education (C.B.S.E.), Ambika complex, Behind S.B.I. Colony, Near Brahymasthan, Sheikhpura, Bailey Road, Patna- 800014.

6. The Principal, St. Karen's High School, Gola Road, Danapur, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjan Kumar Singh For the Respondent/s :

Mr. Vinay Krishna Tripthy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2018 Heard learned counsel for the parties.

2. The petitioner seeks quashing of an order, dated 05.02.2018, passed by the Regional Office of Central Board of Secondary Education, Patna (hereinafter referred to as 'the CBSE'), whereby petitioner's application for correction in his name as recorded in the certificate issued by the CBSE of having passed 10th examination by adding the surname, has been rejected.

3. The petitioner has relied on an earlier order of this

Patna High Court CWJC No.5072 of 2018(2) dt.26-03-2018 2/2 Court, dated 07.12.2017, passed in CWJC No. 17429 of 2017 (Shreya Vs. Central Board of Secondary Education and others). It transpires from the impugned order that the petitioner's application has been rejected by the competent authority on the ground that the petitioner's claim did not match with the School record.

4. Learned counsel for the petitioner, on the other hand, has submitted that though the application was filed along with a copy of this Court's order, in case of Shreya (supra), the CBSE has passed the impugned order without referring to this Court's order in case of Shreya (supra).

5. In the facts and circumstances of the case, I consider it appropriate to dispose of the application with a direction that if the petitioner files an application afresh along with a copy of this order within one month from today before the Regional Officer, CBSE, Patna, he shall be obliged to pass an order taking into account the order of this Court in case of Shreya (supra) within a period of one month, thereafter.

6. This application stands disposed of.

arun/- (Chakradhari Sharan Singh, J) U