Minor.Sngdha Pathak v. Central Board Of Secondary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.06.2019
CORAM:
THE HONOURABLE MR. JUSTICE DR.G.JAYACHANDRAN Writ Petition No.15932 of 2019 and WMP.No.15734 of 2019 Minor. Snigdha Pathak Rep., by her father and natural guardian, Mr.Satya Prakash Pathak
...Petitioner
-Vs1. Central Board of Secondary Education, (Regional Office) New No.3, Old No.1630-A, J-Block, 16th Main Road, Anna Nagar West, Chennai-600040.
2. The Principal, Kendriya Vidyalaya, No.2, Sadras, Kalpakkam, Kancheepuram District - 603 102. ...Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue appropriate writs, orders, or directions and in particular issue a writ in the nature of Writ of Certiorarified Mandamus calling for the records relating to the first respondent's impugned orders made in CBSE/RO(M)/ CORRN/2018/FN/180878 dated 10.05.2019 and quash the same as illegal and without application of mind and consequently direct the first respondent to correct the Petitioner's father's name as "Satya Prakash Pathak" in the petitioner's 10th standard Mark Certificate, Migration certificate and CBSE Xth standard Board Certificate, vide Roll No:4019954 within a time frame as fixed bu this Court.
For petitioner : Mr.G.Anandakumar For Respondents : Mr.G.Nagarajan for R1
O R D E R
The petitioner herein has inadvertently given the name of her father as S.P.Pathak instead of "Satya Prakash Pathak", while getting admission in the second respondent school, the error has come to her notice recently and therefore, sought for rectification of the error.
When she requested the second respondent to correct the petitioner's father's name, in her mark sheet and other records he represented was forwarded to the first respondent. However, the first respondent has rejected the request on the ground that the records earlier furnished to the first respondent indicates the name of the petitioner's father as S.P.Pathak and not Satya Prakash Pathak. Therefore, the name cannot be corrected in her mark sheet and migration certificate.
The error crept while producing documents earlier cannot be allowed to continue for eternity. The name of the petitioner's father Satya Prakash Pathak has been earlier mentioned as S.P.Pathak in short mentioning the initials of first and middle.
Therefore the petitioner herein is directed to forward the application for name correction with requisite fee and documents to the first respondent and on receipt of the said request name. The expanded initials are none sought to be brought on school records. This Court holds that there can be no legal impediment to consider the petitioner's request along with fees, the first respondent shall consider her request and issue corrected certificate within a period of four weeks from the date of receipt of the request and fees.
With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.
sbn/rpl Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
To 1.Central Board of Secondary Education, (Regional Office) New No.3, Old No.1630-A, J-Block, 16th Main Road, Anna Nagar West, Chennai-600040.
2.The Principal, Kendriya Vidyalaya, No.2, Sadras, Kalpakkam, Kancheepuram District.
East Zone, Chennai.
+1cc to Mr.G.Nagarajan, Advocate, SR.No.50883 +1cc to M/s.Thamizharasi Law Firm, Sr.No.51448 (24.06.2019) Writ Petition No.15932 of 2019 and WMP.No.15734 of 2019 Kak(21/06/2019)