Purva Kahol (Minor) v. Central Board Of Secondary Education Cbse And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH C.W.P. 4624-2020 Date of Decision:- 21.07.2022 Purva Kahol (minor) ....Petitioner vs.

Central Board of Secondary Education (CBSE) and others ....Respondents *** BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL *** Present:- Mr. Puneet Sharma, Advocate for the petitioner Mr.Naveen Chopra, Advocate for respondent Nos. 1 and 2 Mr.Y.S. Saini, Advocate for respondent No.3 *** Sudhir Mittal, J. (Oral) The petitioner passed her matriculation examination in May, 2018. Her name in the said certificate was wrongly recorded as "Purva". Being aggrieved, an application for correction was made but the request was rejected. Thus, CWP-22938-2019 was filed, which was allowed vide judgment dated 3.9.2019 and order of rejection dated 3.10.2018 was quashed. Based on this judgment, the petitioner once again applied for correction but the request was rejected again vide order dated 5.11.2019. Thus, the present writ petition has been filed.

From the record as well as submissions of learned counsel for the petitioner, it is evident that the petitioner was normally known as "Purva Kahol" but the surname was not mentioned in the 10th Class certificate. Subsequently, the father of the petitioner has got the factum of adding of the surname published in the official gazette and affidavit in that regard has also been executed. All these documents have been supplied to the CBSE GAURI SHANKER 2022.07.

C.W.P. 4624-2020 -2and yet the correction has been refused. Thus, the order dated 5.11.2019 deserves to be quashed. Learned counsel for the petitioner has placed reliance upon the judgment of the Hon'ble Supreme Court passed in "Jigya Yadav (Minor) vs. C.B.S.E (Central Board of Secondary Education) and others" 2021(7) SCC 535.

In view of the judgment passed in Jigya Yadav's case (supra), learned counsel for respondent Nos. 1 and 2 has nothing to say in support of the impugned order.

The writ petition is accordingly allowed and the impugned order dated 5.11.2019 is quashed. Respondent Nos. 1 and 2 are directed to issue the corrected certificate within four weeks from the date of receipt of the certified copy of the order, subject to deposit of earlier certificates and payment of the requisite fee.

July 21, 2022 ( SUDHIR MITTAL) gsv JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GAURI SHANKER 2022.07.22 15:22 I attest to the accuracy and authenticy of this document