THE HONOURABLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.18977 OF 2020
ORDER:
Heard Sri Sai Gangadhar Chamarthy, learned counsel for petitioner, Sri N.Harinath, learned Assistant Solicitor General of India for 1st respondent, Smt. A.Chaya Devi, learned counsel representing 2nd respondent and Smt. V.Hima Bindu, learned counsel for 3rd respondent.
2. Challenge in the present Writ Petition is to the order bearing No.CBSE/RO(M)/CORPN/2019/190498, dated 23.01.2020 issued by the Regional Officer of Central Board of Secondary Education, Regional Office, Chennai- 2nd respondent herein. By virtue of the said order, 2nd respondent herein turned down request of the petitioner herein for certain corrections sought as regards names of the parents of the petitioner in the S.S.C. Certificate.
3. During the course of arguments, it is brought to the notice of this Court by the learned counsel that the Hon'ble Supreme Court of India in the case of Jigya Yadav v. C.B.S.E. & others in Civil Appeal No.3905 of 2011 and batch, vide Judgment dated 03.06.2021, laid down certain guidelines to be followed by the respondents while dealing with the requests of the present nature. Copy of the said judgment is placed on record. In the said judgment, the 2 Hon'ble Apex Court extensively dealt with the parameters which the respondents are required to adhere to, while considering the requests of the subject nature. The Hon'ble Supreme Court categorically ruled that C.B.S.E. cannot impose precondition of applying for correction consistent with the school records only before publication of results, and further held that such a condition is unreasonable and excessive. Having regard to the law laid down by the Hon'ble Supreme Court at paragraph Nos. 169 to 172 in the said judgment, this Court deems it appropriate to set aside the impugned order and remand the matter to 2nd respondent herein for consideration of the issue afresh and passing appropriate orders by taking into consideration the guidelines laid down by the Hon'ble Supreme Court in the abovereferred judgment.
4. For the aforesaid reasons, the Writ Petition is allowed and order bearing No.CBSE/RO(M)/CORPN/2019/ 190498, dated 23.01.2020 issued by the Regional Officer of Central Board of Secondary Education, Regional Office, Chennai-2nd respondent herein is set aside and the matter is remanded to 2nd respondent for fresh consideration of the matter and for passing appropriate orders, in the light of the guidelines laid down by the Hon'ble Supreme Court of India the Judgment dated 03.06.2021 in the case of 3 Jigya Yadav v. C.B.S.E. & others in Civil Appeal No.3905 of 2011 and batch. It is open for the petitioner herein to place before 2nd respondent, additional material, if any, and a copy of the Judgment dated 03.06.2021 in the case of Jigya Yadav v. C.B.S.E. & others in Civil Appeal No.3905 of 2011 and batch, for consideration of 2nd respondent within a period of two weeks from the date of receipt of a copy of this order, and it is made clear that the entire exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
No costs as to costs of the Writ Petition. As a sequel, interlocutory applications pending, if any, in the Writ Petition shall stand closed.
__________________ A.V.SESHA SAI, J 02.09.2021 DRK 4 THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.18977 OF 2020 02.09.2021 DRK