Minor Shaik Ismail Hussain v. The Central Board Of Secondary Education
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 25.04.2019
CORAM
THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.10391 of 2019 Minor Shaik Ismail Hussain, Rep. by his father and Natural guardian, Mr.Shaik Fazul Rahiman .. Petitioner Vs.
1.The Central Board of Secondary Education, (Regional Office), New No.3, Old No.1630-A, J-Block, 16th Main Road, Anna Nagar West, Chennai - 600 040.
2.The Principal, St. Joseph's English School, No.41-144-1, N.R.Peta, Kurnool - 518 004.
Andhra Pradesh.
.. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the 1st respondent letter in CBSE/RO(M)/CORRN/2018/FN/18369 dated 01.01.2019 and quash the same as illegal and consequently direct the 1st respondent to correct the petitioner's father name as Shaik Fazul Rahiman instead of Fazal Rehmaan in the petitioner's 10th standard mark certificate.
For Petitioner : Mr.K.Sasindran For R1 : Mr.G.Nagarajan Central Govt. Standing Counsel For R2 : Not ready in notice
O R D E R
The writ petition has been filed to quash the impugned order of the first respondent in CBSE/RO(M)/CORRN/2018/FN/18369 dated
01.01.2019 and consequently direct the first respondent to correct the petitioner's father name as Shaik Fazul Rahiman instead of Fazal Rehmaan in the petitioner's 10th standard mark certificate.
2. Heard both sides.
3. It is stated that the petitioner's son passed 10th standard in the year 2018 conducted by the Central Board of Secondary Education. In the 10th standard mark certificate, the name of the father, namely, the petitioner, was wrongly mentioned as Fazal Rehmaan instead of Shaik Fazul Rahiman. Hence, he has sought for correction in the 10th Mark Sheet. In this regard, The petitioner has made a request to the second respondent, who in turn, has forwarded the same to the first respondent. The first respondent vide impugned order dated 01.01.2019 has rejected the request.
4. As it is only the name of the father of the student, which was originally given as Fazal Rehmaan and now he wants to add Shaik Fazul Rahiman, the same can be granted. The change of name of the father by adding only the name "Shaik" will not cause any prejudice or loss to the first respondent board. Hence, the first respondent is directed to effect change as requested by the petitioner and issue a fresh 10th standard mark certificate within a period of six weeks from the date of receipt of a copy of this order. The petitioner is directed to surrender the original certificate along with the necessary fees for change of name.
5. With the above directions, the writ petition is disposed of. No costs.
Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar rsi To The Central Board of Secondary Education, (Regional Office), New No.3, Old No.1630-A, J-Block, 16th Main Road, Anna Nagar West, Chennai - 600 040.
+1cc to Mr.G.Nagarajan, Advocate SR.No.40256 +1cc to Mr.K.Sasindran, Advocate SR.No.40539 (04/07/2019) W.P.No.10391 of 2019 RK(CO) GMY(20/05/2019)