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High Court of Punjab and HaryanaCWP/17247/2018allowed

Aryan Puri v. Cbse And ORS

2018-10-01Mr. Justice Amit Rawal2 pages

CWP No.17247 of 2018 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.17247 of 2018 Date of decision:October 01, 2018 Aryan Puri (Minor)

...Petitioner

Versus

Central Board of Secondary Education and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. M.S.Atwal, Advocate, for the petitioner.

Mr. Naveen Chopra, Advocate, for respondent no.2-CBSE.

Mr. Harshit Jain, Advocate, for Mr. Rajdeep Singh Cheema, Advocate, for respondent no.3. **** Rakesh Kumar Jain, J.

The petitioner has prayed for a direction to respondents no.1 and 2 (CBSE) to make necessary correction in his Secondary School Examination Certificate No.0418578 dated 03.06.2017 in his father's name from "Munish Puri" to "Munish Kumar Puri".

Learned counsel for the petitioner has submitted that father's name of the petitioner, in all his important document, is mentioned as "Munish Kumar Puri" but in his Secondary School Examination Certificate, it is mentioned as "Munish Puri". The petitioner has also filed an affidavit of his father in which he has categorically deposed that he has not incurred any civil or criminal liability with the name "Munish Puri", which he wanted to change with "Munish Kumar Puri".

In order to support his contention(s), counsel for the petitioner has VINOD KUMAR 2018.10.05 11:07 I attest to the accuracy and integrity of this document phhc

CWP No.17247 of 2018 [ 2 ] ***** relied upon two decisions of this Court rendered in the cases of Rishabh Jhamb (Minor) vs. Central Board of Secondary Education and Ors., 2015

(4) PLR 180 and Maitri Mehta vs. CBSE and others, 2017(4) PLR 297. On the other hand, counsel for the CBSE has though submitted that father's name of the petitioner cannot be changed as per the bye-laws but the fact remains that all his documents bear father's name of the petitioner as "Munish Kumar Puri" and not "Munish Puri", therefore, if the name of the father of the petitioner is not changed in his Secondary School Examination Certificate, as prayed for, then there would be an anomaly forever in his documents which may create hurdle for him in future. Moreover, father of the petitioner has also sworn an affidavit deposing that he has not incurred any civil or criminal liability in the name of "Munish Puri" which he wanted to change as "Munish Kumar Puri".

Thus, keeping in view the aforesaid facts and circumstances, the present petition is hereby allowed and direction is issued to respondents no.1 and 2 to issue fresh Secondary School Examination Certificate to the petitioner by mentioning his father's name as "Munish Kumar Puri" within a period of one month from the date of receipt of certified copy of this order. October 01, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No VINOD KUMAR 2018.10.05 11:07 I attest to the accuracy and integrity of this document phhc