Saurabh Verma v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10576 of 2015 =========================================================== Saurabh Verma, Son of Pankaj Kumar Verma, Resident of Lal Darwaza, Shiv Chandre Bapu Road, Munger, P.S. Munger, District Munger, Bihar. .... .... Petitioner/s

Versus

1. The Union of India, through Union Education Secretary, Government of India, Central Secretariat, New Delhi.

2. The Education Secretary, Government of India, Central Secretariat, New Delhi.

3. The Chairperson, Central Board of Secondary Education, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi- 110092.

4. The Regional Officer, Central Board of Secondary Education, Ambika Complex, Behind State Bank Colony, Near Brahmsthan, Sheikhpura, Raza Bazar, Bailey Road.

5. The Principal, K.N. Memorial Academy, Rahmatpur Asarganj Munger, Bihar. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Singh Mr. Avinash Shekhar Mr. Sudha Chandra For the CBSE Mr. Vinay Krishna Tripathy =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 28-10-2016 Heard the counsel for the petitioner and Mr. Tripathy for the respondent Central Board of Secondary Education (for short 'the Board') as well as Mr. Arjun Prasad appearing for respondent no.5.

A small mistake in printing the name of the candidate (petitioner) as well as his father's name in the 10th pass certificate issued by the respondent Board has led to filing of the present writ application.

2/4 It is asserted that the name of the petitioner has wrongly been printed/mentioned as Sourav Verma instead of Saurabh Verma and similarly the father's name has also been wrongly printed/mentioned as Pankaj Verma instead of Pankaj Kumar Verma in the 10th pass certificate. The petitioner is facing a great deal of difficulties on account of such mistake/error in printing the names of the petitioner as well as his father. Diverse statements in this regard have been made in the writ petition.

Any such mistake on submitting an appropriate application could have been corrected by the Board but within a period of one year. This is the stand of the respondent Board. Considering the difficulty faced by the petitioner and other materials reflecting from the records, this Court is inclined to direct the respondent Board to ignore the timeframe provided under the relevant Regulations of the Board and consider the claim of the petitioner for effecting the correction in 10th pass certificate issued to him insofar as his name as well as his father's name is concerned.

It has been pointed out by Mr. Tripathyt that the Principal of K.N. Memorial Academy (respondent no.5) is required to provide authenticated copies of the registration

3/4 slip/admission certificate/slip as well as the copy of the admission form submitted by the petitioner for taking the admission in the school. The petitioner has enclosed the copy of the admission form (Annexure-1) submitted by him as well as the Admission Card (Annexure-3) issued for the regular candidate in support of his case. However, as pointed out by the counsel for the respondent Board, these documents/papers have to be furnished by the concerned school to the respondent Board for effecting the correction(s).

Learned counsel for respondent no.5 states that on an application filed in this regard by the petitioner, authenticated copies of the relevant documents shall be provided forthwith to respondent Board for effecting a correction in the 10th pass certificate issued by the respondent Board. Having regard to the submissions of the parties, the present writ application is disposed of permitting the petitioner to make a fresh application before respondent no.5 whereafter the respondent no.5 will provide the necessary authenticated copy of the documents as indicated hereinabove before the respondent Board within 10 days of filing of such application whereafter the respondent nos. 3 and 4 will take steps for effecting corrections in the name of the petitioner as well as

4/4 his father in the 10th pass certificate issued to the petitioner. The application is disposed of with the aforesaid observation(s)/direction.

(Kishore Kumar Mandal, J) HR/- AFR/NAFR CAV DATE Uploading Date 29.10.2016 Transmission Date