Patna High CourtCWJC/11645/2017allowed

Amisha Kumari v. Central Board Of Secondary Education Through Chairman, New Delhi And ORS

2017-09-04Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11645 of 2017 =========================================================== Amisha Kumari, Daughter of Shri Shiv Shankar Pandey, Resident of MohallaLakhisarai English, Ward No.-2, P.S.- Lakhisarai, Distt- Lakhisarai. .... .... Petitioner/s

Versus

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

2. Secretary, Central Board of Secondary Education, New Delhi.

3. Assistant Secretary (M&M), Central Board of Secondary Education, Regional Office Ambika Complex, Behind SBI Colony, Near Brahmsthan, Sheikhpura, Bailey Road, Patna.

4. Principal, Vidya Bhawan Balika Vidyapith, Shakti Utthan Aashram, Lakhisarai811311. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Adv. For the CBSE : Mr. Vinay Krishna Tripthy, Adv. =========================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT & ORDER Date: 04-09-2017 The petitioner seeks quashing of the orders, dated 11.01.2016 and 05.06.2017, passed by the Regional Office of Central Board of Secondary Education (in short 'CBSE'), whereby, the petitioner's request for correction of her father's name, as mentioned in the Senior Secondary Examination

Patna High Court CWJC No.11645 of 2017 dt.04-09-2017 2/3 Certificate, held by the CBSE in the year 2014, has been rejected. The name of the petitioner's father, as mentioned in Senior Secondary Examination Certificate, is 'Shankar Panday'. The petitioner wants such correction by entering 'Shiv Shankar Pandey', instead.

2. From the impugned order, dated 05.06.2017, it appears that the petitioner's request has been rejected on the ground that the surname of her father has been spelt as 'Panday' in the Senior Secondary Examination Certificate, issued by the CBSE, and, therefore, her request could not be acceded.

3. The reasoning assigned in the impugned order is manifestly wrong. The CBSE ought to have considered the petitioner's request on the basis of school registers and other documents etc. It is evident that the surname 'Pandey' has wrongly been spelt in the certificate issued by the CBSE.

4. The CBSE is, accordingly, directed to reconsider the petitioner's case and pass appropriate orders, correcting the name of her father from 'Shankar Panday' to 'Shiv Shankar Pandey', if the school records support such plea, within a period of eight (8) weeks from the date of receipt/production of a copy of this order.

5. The impugned orders, dated 11.01.2016 and

Patna High Court CWJC No.11645 of 2017 dt.04-09-2017 3/3 05.06.2017 (Annexures-9 and 12 to this writ application), are, hereby, set-aside.

6. This application is, accordingly, allowed. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 05.09.2017 Transmission Date N/A