Hajarath Prasad Avula v. The Central Board Of Secondary Education

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.24033 of 2019 ORDER:

Heard Sri Pulla Rao Yellanki, learned counsel for the petitioners and Smt A.Chayadevi, learned Standing counsel for the 1st respondent.

This writ petition is filed seeking the following relief :- ".........Writ of Mandamus declaring the action of the 1st respondent in rejecting the petitioners' request to correct their names instead of A.H.Prasad and A.Anuradha as Hajarath Prasad Avula and Lakshmi Anuradha Avula in the school records pertaining to Avula Harshini who was the student of 2nd respondent and is daughter of the petitioners in the form addressing letter vide NoCBSE/RO(M)CORRN/2018/MNF/18054, dated 30.07.2018, as illegal, arbitrary and against principles of natural justice and violating the Article 21 of the Constitution of India and consequently the Hon'ble Court may be pleased to direct the Respondents to correct the petitioners names in the education certificates of Avula Harshini who is daughter of the petitioners and pass such order or orders........."

It has been contended by the petitioners that their daughter who was the student of 2nd respondent school has passed out CBSE Secondary School Examination (SSC) in the year 2018 and the 2nd respondent school has issued educational certificates, wherein, the names of the petitioners were incorrectly mentioned as "A.H.Prasad" and "A.Anuradha" instead of "Hazarath Prasad Avula" and "Lakshmi Anuradha Avula". They further submit that they have submitted a letter on 19.12.

names in the educational certificates of their daughter, who in turn addressed a letter dated 02.01.2019 to the 1st respondent. Subsequently, the 1st respondent issued a letter dated 30.01.2019 rejecting the request of the petitioners. Challenging the same, the present writ petition is filed. Learned counsel for the petitioners contends that at the time of admission of their daughter in the 2nd respondent school, the petitioners have rightly furnished their names, but, however their names were incorrectly spelt out in the educational certificates of their daughter. Therefore, he contends that appropriate orders be passed directing the 1st respondent to correct the names of the petitioners in the educational certificates of their daughter.

Learned Standing counsel appearing for the respondents drawn attention to paragraph No. 4 of the counter affidavit wherein the 1st respondent respondent in principle has agreed to change the names of the petitioners as per the school record, but as the request of the petitioners is not in accordance with the record, the same was considered and rejected vide letter dated 30.01.2019. Therefore, there are no merits in the writ petition and the same is liable to be dismissed.

This Court, having considered the rival submissions, is of the considered view that this writ petition can be disposed of directing the respondents to correct the names of the petitioners in the educational certificates of their daughter by duly taking into account the entries made by the petitioners in

the registration form for admission of their daughter for the academic year 2015-2016 filed at page No.14 of the material papers annexed to this writ petition.

With the above direction, this writ petition is disposed of. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed.

________________________________ ABHINAND KUMAR SHAVILI, J Date: 21-01-2020 dv