Miss Mamta Manda v. Chhattisgarh Board Of Secondary Education

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 219 of 2016 Miss Mamta Manda D/o Lt. Shri Suberaminiyam Manda Aged About 30 Years R/o C/o Jwala Prasad Dubey Plot.No. 41, Mamta Niwas, Behind Mahavir Residency P. O. Jagdalpur District Bastar (Chhattisgarh) ---- Petitioner

Versus

1. Chhattisgarh Board Of Secondary Education Through Secretary, Chhattisgarh Board Of Secondary Education Pension Bada Raipur P. S. Raipur District Raipur (Chhattisgarh)

2. District Education Officer Jagdalpur, P.S- Jagdalpur District Bastar (Chhattisgarh) ---- Respondents For Petitioner :

Ms. Deepali Pandey, Advocate For Respondent No.1 :

Shri Manoj Paranjpe, Advocate For Respondent No.2 :

Shri Chandresh Shrivastava, Panel Lawyer S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/04/2016

1. This petition has been filed by the petitioner for a direction to the respondentBoard to carry out amendment of the petitioner's name in certificate issued by the respondent.

2. It is not in dispute that earlier when the certificate was issued in the name of the petitioner, the petitioner intended correction and for this purpose, the petitioner filed a suit and sought a declaration that in place of "Manda", "Dubey" be read as the petitioner is the adopted daughter of Jwalaprasad Dubey. Thereafter, the

-2relevant certificate was amended in view of declaration by the Civil Court by striking out "Manda" and substituting "Dubey".

3. The petitioner made similar prayer for correction in her certificate before the Central Board of Secondary Education that in place of "Manda", her surname be recorded as "Dubey" on the basis of declaratory decree passed by Civil Court in her favour. This application was, however, rejected by the Central Board of Secondary Education.

It was thereafter that now the petitioner has moved an application before the Board of Secondary Education, Chhattisgarh, to again carry out change in the surname from "Dubey" back to "Manda".

4. Learned counsel for the respondents submits that once the certificate has been corrected by the respondent- Board of Secondary Education as per the declaration given by the Civil Court, change is not permissible.

5. The correction in the certificate was carried out by the respondent-Board on the basis of a declaration given by the competent Court of civil jurisdiction. The prayer of the petitioner to again change the surname, which is contrary to the declaration of the civil Court, obviously could not be done by respondent - Chhattisgarh Board of Secondary Education and respondent-Board was fully justified in rejecting this prayer of the petitioner. Therefore, I do not find any merits in the petition.

6. The petition is therefore, dismissed. However, it would always be open for the petitioner to challenge the decision of the Central Board of Secondary Education in properly constituted petition.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen