Sagorika Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22184 of 2019 ====================================================== Sagorika Choudhary D/o Chunnu Choudhary R/o Village- Lakhanibigha, P.O.- Khagaul, P.S.- Danapur, Dist.- Patna (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary, Bihar, Patna. 2.

Chairperson The Central Board of Secondary Education, Delhi. 3.

Regional Officer The Central Board of Secondary Education, Patna Region, Patna.

4.

Principal Himalayan International School, Maner, Patna, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Respondent/s :

Mr.Madhaw Pd. Yadaw (Gp23) For the CBSE :

Mr. Vinay Krishna Tripathy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2023

1. The short dispute in the present writ application is correction of the name of the mother of the petitioner in 10th certificate granted by C.B.S.E. inasmuch as according to the petitioner the correct name of the mother of the petitioner is Mita Choudhary instead of Manju Choudhary which is mentioned in the certificate. The petitioner appeared in 10th examination held by C.B.S.E. in the year 2015 and after passing the said examination certificate was issued which is at Annexure -1 in which the name of the mother of the petitioner has wrongly

Patna High Court CWJC No.22184 of 2019(3) dt.28-11-2023 2/3 been mentioned as Manju Choudhary instead of Mita Choudhary.

2. Learned counsel for the petitioner relies on the death certificate of petitioner's mother in which her name is mentioned as Mita Choudhary.

3. Mr. Vinay Krishna Tripathy, learned counsel for the C.B.S.E. submits that in the school record the name of the mother of the petitioner disclosed by her is Manju Choudhary. However, if the petitioner submits a fresh representation along with contemporaneous documents showing name of her mother as Mita Choudhary, the C.B.S.E. shall consider the representation of the petitioner in the light of the judgment passed in Jigya Yadav Through Her Father vs C.B.S.E. reported in (2021) 7 SCC 535.

4. In view of the aforesaid, the petitioner is directed to file a fresh representation before the respondent no. 3 / Regional Officer, C.B.S.E., Patna Region within a period of four weeks from today and if such a representation is filed along with relevant documents, Regional Officer, C.B.S.E., Patna Region is directed to dispose the same in accordance with the law and in the light of the judgment of the Hon'ble Supreme Court passed in Jigya Yadav Case (Supra). Final decision must be taken within a period of three months from the date of

Patna High Court CWJC No.22184 of 2019(3) dt.28-11-2023 3/3 representation filed by the petitioner.

5. With the aforesaid observation and direction the writ application stands disposed of.

(Anil Kumar Sinha, J) praful/- U