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Madras High CourtWP(MD)/12376/2021disposed of

Uma Maheswari.K v. The Chairman

2023-10-19Honourable Mr Justice N. Anand Venkatesh6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.12376 of 2021 K.Uma Maheswari

...Petitioner

/Vs./ 1.The Chairman, Central Board of Secondary Education, Regional Office, PS12, Institutional Area, I.P Extension, Patparganj, Delhi - 93.

2.The Controller of Examination, Shiksha Sadan, 17, Opp. Rouse Ave Institutional Area Rd., Rouse Avenue, Bal Bhawan, New Delhi, Delhi 110002 3.The Principal, Kamala Niketan Montessori School, Near Collector's Office, Trichy - 1, Trichy District.

4.The Central Board of Secondary Education, Plot No.1630A, J Block, 15th Main Road, Anna Nagar West, Chennai.

...Respondents

(R4 is suo motu impleaded vide this order dated 19.10.2023.) 1/6

PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 herein to change the petitioner's name as ''K.Uma Maheswari'' instead of "Umasathish" in petitioner's daughter Hemaa's senior School certificates as well as migration certificate, in the light of the petitioner's representation dated 01.04.2021 within a stipulated period as maybe fixed by this Court. For Petitioner : Mr.R.Sundar For R1 & R2 : Mr.P.Karthick

ORDER

This writ petition has been filed for issuance of writ of mandamus, directing the first and second respondents to effect the change of name in the school certificates issued to the daughter of the petitioner from "Umasathish" to ''K.Uma Maheswari'' by considering the representation made by the petitioner on 01.04.2021.

2. The Central Board of Secondary Education, Plot No.1630A, J Block, 15th Main Road, Anna Nagar West, Chennai, is suo motu impleaded as 4th respondent in this writ petition.

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3. The case of the petitioner is that she is the wife of one G.K.Sathishkumar. Through the wedlock, they had a daughter called Hemaa. The said Hemaa had undergone her schooling in the third respondent school. The husband of the petitioner died and the petitioner was taking care of the daughter. The daughter of the petitioner had passed her senior school certificate examination in the year 2018. On going through the certificate, it was found that the name of the petitioner has been mentioned as "Umasathish" instead of ''K.Uma Maheswari''. This mistake was sought to be rectified by the petitioner by making a representation to the first and second respondents. Since the same was not considered, the present writ petition has been filed before this Court.

4. When the matter was taken up for hearing, the learned counsel for the first and second respondents submitted that the representation made by the petitioner was acted upon and the third respondent school was directed to submit the name correction proforma along with all the relevant documents. Since the third respondent school did not respond, the first and second respondents were not in a position to take a decision on the representation made by the petitioner. The third respondent has been served with notice and the name has also been printed in the cause list and there is no representation either in person or through counsel.

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5. Taking into consideration the facts and circumstances of the case and the materials that were placed before this Court, there shall be a direction to the third respondent to submit the name correction proforma along with all the relevant documents to the fourth respondent. This exercise shall be done by the third respondent school within a period of four weeks from the date of receipt of a copy of this order. On receipt of the same, the fourth respondent shall act upon the same and carry out necessary changes in the certificate / mark sheets. The entire process shall be completed within a period of three months from the date of receipt of a copy of this order.

6. This writ petition is disposed with the above directions. No costs. 19.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/6

TO:

1.The Chairman, Central Board of Secondary Education, Regional Office, PS12, Institutional Area, I.P Extension, Patparganj, Delhi - 93.

2.The Controller of Examination, Shiksha Sadan, 17, Opp. Rouse Ave Institutional Area Rd., Rouse Avenue, Bal Bhawan, New Delhi, Delhi 110002 3.The Principal, Kamala Niketan Montessori School, Near Collector's Office, Trichy - 1, Trichy District.

4.The Central Board of Secondary Education, Plot No.1630A, J Block, 15th Main Road, Anna Nagar West, Chennai.

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N.ANAND VENKATESH, J.

sm Order made in W.P.(MD)No.12376 of 2021 Dated:

19.10.2023 6/6