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Madras High CourtWP/8005/2018disposed of

Avanthika Prasath, Minor v. Central Board Of Secondary

2018-06-12Honourable Mr Justice S. Vaidyanathan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.8005 of 2018 Avanthika Prasath, Minor, rep. by Natural Guardian and Father Dr.Venkata Prasath (Cause title amended as per Order dated 16.04.2018 in W.M.P.No.11035 of 2018 in W.P.No.8005 of 2018) .. Petitioner Vs.

1. Central Board of Secondary Education, Rep. by its Secretary, Shiksha Kendra, 2 Community Centre, Preet Vihar, New Delhi-110 092.

2. Central Board of Secondary Education, Regional Office - Represented by its Secretary, New No.3, Old No.1630 A-J Block, 16th Main Road, Anna Nagar West, Chennai-600 040.

3. The Principal, Sowma Public School, Manapparai, Trichy District, Tamil Nadu.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to direct the first and second respondents to correct the name of the student as Avanthika Prasath instead of Avanthika Prasath.V in the X Grade Mark Sheet bearing Roll No.4035579, dated 03.06.2017 issued by the first respondent.

For Petitioner : Mr.A.S.Baalaji For Respondents : Mr.G.Nagarajan for RR-1 and 2

ORDER

The petitioner, minor, represented by her father, has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the first and second respondents to

correct the name of the student as Avantika Prasath instead of Avanthika Prasath.V in the X Grade Mark Sheet bearing Roll No.4035579, dated 03.06.2017 issued by the first respondent.

2. The facts are not in dispute. The petitioner's Birth Certificate shows the date of birth of the petitioner as 22.05.2002, which was given to the third respondent-School, which clearly indicates the student's name as Avanthika Prasath, born to Venkata Prasath and Padmaritha. The Class X Grade Sheet-cumCertificate of Performance, dated 03.06.2017, shows the name of the petitioner as " Avanthika Prasath.V" indicating the initial of the petitioner as "V". According to the petitioner, this may adversely affect at a later date while the petitioner pursues higher studies or for any other purpose. Unless the name the petitioner is corrected as per the statutory requirement and other necessary procedures, the name of the petitioner cannot be changed by the CBSE. Hence, the said X Grade Sheet containing the initial as "V" needs to be removed.

3. Therefore, the first and second respondents/CBSE are directed to issue fresh Class X Grade Sheet-cum-Certificate of Performance, indicating the name of the petitioner as "Avanthika Prasath" (by removing the initial "V"). The said Grade Sheet shall be issued afresh by making the above corrections by the respondents 1 and 2, within a period of 15 days from the date of receipt of a copy of this order.

4. With the above observations and direction, the Writ Petition is dismissed. No costs.

-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar cs To

1. Central Board of Secondary Education, Rep. by its Secretary, Shiksha Kendra, 2 Community Centre, Preet Vihar, New Delhi-110 092.

2. Central Board of Secondary Education, Regional Office-Represented by its Secretary, New No.3, Old No.1630 A-J Block, 16th Main Road, Anna Nagar West, Chennai-600 040.

+1 CC to Mr.V.R. Mukundakumar, Advocate sr 36421. +1 CC to Mr.G. Nagarajan, Advocate sr 37063.

W.P.No.8005 of 2018 SP(29/06/2018)