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Patna High CourtCWJC/18615/2019disposed

Raksha Kumari v. The Union Of India

2019-09-11Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18615 of 2019 ====================================================== Raksha Kumari D/o Suman Kumar Pankaj @ Pankaj Kumar Resident of Mohalla-Marufchak, Bousi Road, Near S.B.I. Gali, P.S.-Mirjanhat, DistrictBhagalpur ... ... Petitioner/s

Versus

1.

The Union of India through Central Board Secondary Examination (C.B.S.E.) (An Autonomous Organisation under the Union Ministry of Human Resource Development Department, Govt. of India), Shiksha Sadan -17, Rouse Avenue, New Delhi-110002 2.

The Director-cum-Chairman C.B.S.E, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092 3.

The Secretary C.B.S.E, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092 4.

The Dy. Secretary C.B.S.E, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092 5.

The Examination Controller C.B.S.E, Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110092 6.

The Regional Officer C.B.S.E. Regional Office, Ambika Complex, Behind State Bank Colony, Near Brahmsthan, Sheikhpura, Raza Bazar, Bailey Road, Patna-14 Bihar 7.

Assistant Secretary C.B.S.E. Regional Office, Ambika Complex, Behind State Bank Colony, Near Brahmsthan, Sheikhpura, Raza Bazar, Bailey Road, Patna-14 Bihar 8.

The Principal V.J. International School, Lodhipur Goradih Road, Bhagalur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Respondent/s :

Mr. S. D. Sanjay ( Adsg ) For the C.B.S.E.

:

Mr. Vinay Krishna Tripathy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The grievance of the petitioner in the present writ application is failure on the part of the respondents in carrying correction in the date of birth.

Patna High Court CWJC No.18615 of 2019(2) dt.11-09-2019 2/2 Mr. Vinay Krishna Tripathy, learned counsel appearing on behalf of C.B.S.E. submits that C.B.S.E. can only exercise jurisdiction in the matter of correction provided the application is duly forwarded by the school in question supported by necessary document. In the instant case, he submits that the concerned school has not forwarded the case of the petitioner alongwith the relevant record and as such the C.B.S.E. has genuine difficulty in making any correction in the absence of forwarding of school with necessary documents. Considering the aforesaid fact this Court directs the Principal, V.J.

International School, Lodhipur Goradih Road, Bhagalpur to forward the case of the petitioner alongwith the relevant record for the purpose of correction in the date of birth at the earliest preferably within a period of one month and on forwarding the application for correction enclosing relevant document, the C.B.S.E. shall take appropriate decision in accordance with law within a period of 45 days from the date of receipt of forwarding letter of the concerned school. With the aforesaid, the present writ application stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U