Debdutta Ghosh v. The Central Board Of Secondary Edu And ORS

S/L 79 18.01.2021 Court No.26 SD WPA 10284 of 2020 (Via Video Conference) Debdutta Ghosh Vs.

The Central Board of Secondary Education & Ors. Mr. Debashis Banerjee Mr. Rajdeep Haldar ... for the Petitioner.

Mr. U.S. Menon Mr. Abhirup Chakraborty ... for the Respondent No.1.

Mr. P. K. Singh ... for the Respondent Nos.2, 3 & 4.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondent authorities in correcting her date of birth in her Certificate of Continuous and Comprehensive Evaluation (hereinafter called as 'CCE'). According to the petitioner, an application had been made on June 5, 2012 to the school authorities (as per the Rules) with regard to the said change of date of birth. The petitioner submits that nothing has been done by the school authorities. Accordingly, he prays that direction may be given upon the Central Board of Secondary Education (hereinafter called as 'Board') to issue the amended certificate.

Counsel appearing on behalf of the Board submits that eight years have passed and the petitioner has not followed up on the said application.

In my view, the petitioner had made an application within time before the school authorities. However, without going into the merits, I direct the petitioner once again to make an application before the school authorities as per the Rules within a period of two weeks and the school authorities are directed to forward the same to the Board along with relevant documents for processing in accordance with law.

The Board is directed to act upon the said application and issue the amended certificate to the petitioner expeditiously.

With these observations, WPA 10284 of 2020 is disposed of.

Since, no affidavit-in-opposition has been called for the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)