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Patna High CourtCWJC/3404/2018disposed

Shefali Shreya Minor Through The Legal Guardian/ Mother Sony Kumari @ Pinky Kumari v. The Union Of India And ORS

2018-02-27Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3404 of 2018 ====================================================== Shefali Shreya (Minor) through the Legal Guardian/ Mother Sony Kumari @ Pinky Kumari, resident of Mohalla-Gandhi Chowk, Ward No.12, Near Suri School Chowk, P.S. & District Madhubani ... ... Petitioner/s

Versus

1. The Union of India through the Secretary, Ministry of Human Resources, New Delhi

2. The Central Board of Secondary Education through the Secretary, Allahabad

3. The Secretary, CBSE, Patna, Ambika Complex, behind State Bank Colony, Near Brahmasthan, Sheikhpura, Rja Bazar, Bailey Road, Patna-14

4. The Section Officer (M & M) CBSE, Patna

5. The Controller of the Examination, CBSE, Patna

6. The Principal, Indian Public School, Near Stadium Road, Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Alka Verma For the UOI :

Mr. S.D Sanjay, Addl. Solicitor General Dr. (Mrs.) Punam Kumari Singh For the CBSC Mr. Vinay Krishna Tripathy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-02-2018 Heard counsel for the parties.

The petitioner is a minor on whose behalf this application has been filed by her mother who claims that her (mother's) correct name is Sony Kumari, but mother's name of the petitioner has been printed in the marks statement and the certificate issued by the Central Board of Secondary Education as Pinky Kumari.

The petitioner had applied for correction of the said entry before the Central Board of Secondary Education which has

Patna High Court CWJC No.3404 of 2018(2) dt.27-02-2018 2/3 been rejected by an order dated 11.09.2017, issued under the signature of the Section Officer of the Regional Office, Patna of the Board. The said order is being assailed in the present writ application.

On perusal of the said impugned order, I note that the rejection is on the ground that the desired correction does not match with the school records.

This is not in dispute that the mother's name of the petitioner was recorded as Pinky Kumari right from her admission in the school.

It is submitted on behalf of the petitioner that it was because of inexperience and semi-illiteracy of the petitioner's mother that her alias name was entered at the time of admission instead of her real name.

The Court cannot go into the correctness of the said aspect in the present proceeding, though reliance has been placed on behalf of the petitioner on a birth certificate issued on 06.11.2008 by the Directorate of Statistics and Evaluation, Govt. of Bihar, showing the date of birth of the petitioner as 13.05.2002 and the mother's name as Sony Kumari. The decision of the Central Board of Secondary Education cannot be faulted with. No relief, as claimed by the petitioner, can be

Patna High Court CWJC No.3404 of 2018(2) dt.27-02-2018 3/3 granted in the present proceeding. If, according to the petitioner, her mother's alias name is Pinky Kumari, it will be open to the petitioner to take appropriate steps in this regard including by way of approaching the Central Board of Secondary Education. The application stands disposed of.

(Chakradhari Sharan Singh, J) HR/- U