Patna High CourtCWJC/18769/2016allowed

Dharmendra Singh Yadav v. The Central Board Of Secondary Education And ORS

2017-11-23Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18769 of 2016 ===========================================================

1. Dharmendra Singh Yadav Son of Ram Bhawan Yadav, @ R.B. Yadav, resident of Village- Harpur, P.S. Hulasganj, District- Jehanabad. .... .... Petitioner/s

Versus

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

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

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

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

5. The Principal Kendriya Vidyalaya, Kankarbagh, Patna-20. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Ranjan, Adv. For the CBSE : Mr. V. K. Tripathy, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 23-11-2017 The petitioner is aggrieved by a communication, dated 04.07.2016, whereby, he has been informed about the rejection of his application for correction in the father's name of

Patna High Court CWJC No.18769 of 2016 dt.23-11-2017 2/3 his Class-Xth marks-sheet-cum-certificate of performance. The name of the petitioner's father has been mentioned in Class-Xth certificate as 'R.B. Yadav'. It is the case of the petitioner that the full name of his father is 'Ram Bhawan Yadav' and he had, accordingly, sought correction in his father's name from 'R.B. Yadav' to 'Ram Bhawan Yadav'.

2. The petitioner has brought on record marks statement, issued by the Central Board of Secondary Education (in short 'the CBSE'), in respect of having passed Class-XIIth examination, wherein, his father's name has been mentioned as 'Ram Bhawan Yadav'. In the certificate, issued by the CBSE in 2015 also of having passed the said Class-XIIth examination, the name of the petitioner's father has been written as 'Ram Bhawan Yadav'. In all these certificates, mother's name of the petitioner has been mentioned as 'Radhika Devi'.

3. In my view, the CBSE ought not to have rejected the petitioner's claim, the manner in which it has been done, with issuance of impugned communication, dated 04.07.2016. The same is, therefore, set-aside.

4. Considering the facts and circumstances of the case, the CBSE is directed to make necessary correction in petitioner's Class-Xth marks-sheet-cum-certificate of performance

Patna High Court CWJC No.18769 of 2016 dt.23-11-2017 3/3 by mentioning his father's name as 'Ram Bhawan Yadav' in place of 'R.B. Yadav'.

5. This application is, accordingly, allowed. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date25.11.2017 Transmission Date N/A