Rekha Rani v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14208 of 2019 ====================================================== Rekha Rani D/o Durga Mahto Resident of Village Manikunj Ram Deyalu path,Veerchand Patel Nagar Road No.1,Old Jakkanpur,PS Gardanibagh,and Dist.Patna ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary Education Department, Govt. of India,New Delhi.

2.

The Central Board of Secondary Education Regional Office, Allahabad 3.

That Secretary Central Board of Secondary Education, Regional Office,Allahabad 4.

The Controller of Examination, Central Board of Secondary Education,Regional Office,Allahabad.

5.

The Principal of Kendriye Videyalay Baily Road, Patna 6.

The Regional Officer Central Board of Secondary Education Regional Office,Allahabad.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anisur Rahman, Advocate For the Respondent/s :

Mr.S.D. Sanjay, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL JUDGMENT Date : 09-10-2023 1.

Heard the learned counsel for petitioner and the learned counsel for the respondents.

2.

The brief facts of the case, according to the petitioner are that the petitioner had passed her Class Xth and Class XIIth examination from Kendriya Vidyalaya, Bailey Road, Patna in the year 2004 and 2006, respectively. The grievance of the petitioner is regarding correction in the name of her parents in her Class Xth and Class XIIth certificates,

2/4 inasmuch as the name of the father of the petitioner in both the certificates is mentioned as D. Mahto instead of Durga Mahto and the name of her mother is mentioned as Neeta Sinha instead of Neeta Kumari. The petitioner had earlier approached this Court and a co-ordinate Bench of this Court, on the request of the petitioner, permitted her to file a representation before the respondent- authorities with a direction to the Secretary, Central Board of Secondary Education, Regional Office, Allahabad to dispose off the same, within a specified time period.

3.

Learned counsel for the petitioner submits that in pursuance to the aforesaid order, the petitioner had submitted her representation, which has been rejected vide order dated 21.06.2019, passed by the Regional Officer, Central Board of Secondary Education, Regional Office, Allahabad holding that the Hon'ble Court has not decreed about change of father's and mother's name of the petitioner. 4.

Learned counsel for the C.B.S.E. submits that in view of the judgment rendered by the Hon'ble Apex Court in the case of Jigya Yadav Through Her Father vs. C.B.S.E. and others reported in (2021) 7 SCC 535, the petitioner may furnish the details for corrections in the aforesaid names.

3/4 5.

Learned counsel next submits that the petitioner may contact the concerned School and may furnish all required documents before the School Authority, who shall forward the same to the Regional Office, Central Board of Secondary Education, Allahabad.

6.

In view of the aforesaid, the learned counsel for the petitioner submits that the petitioner may approach the concerned School along with all the relevant documents, demanded by C.B.S.E, for the purposes of corrections in the parent's name of the petitioner, within a period of one month from today.

7.

Having heard the learned counsel for the parties and taking into consideration the nature of dispute, the petitioner is permitted to produce the relevant documents, as required by the C.B.S.E., before the Kendriya Vidyalaya, Bailey Road, Patna, within the aforesaid one month and if the same is produced within one month, the Kendriya Vidyalaya shall forward it to the Regional Office, Central Board of Secondary Education, Allahabad, within 15 days thereafter and the C.B.S.E., after receipt of the relevant documents of the petitioner, shall correct the name of the petitioner's parents, within a period two months of receipt/ production of

4/4 a copy of this order.

8.

With the aforesaid observations and directions, the writ application stands disposed off.

(Anil Kumar Sinha, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 12.10.2023 Transmission Date NA