Hardev Sharma vs State Of U.P. And 3 Others
2019 Latest Caselaw 6649 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 32660 of 2019
 

 
Petitioner :- Hardev Sharma
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Nipun Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

By the order impugned in the writ petition dated 04.09.2019, passed by respondent No.3- Regional Secretary, Madhyamik Shiksha Parishad, U.P., Allahabad, the application of the petitioner for correction in the name of his parents as recorded in the High School Certificate issued by respondent- Board has been rejected.

Sri Nipun Singh, learned counsel for the petitioner contends that although there was a delay in making the application for such correction, an application explaining the delay and seeking condonation thereof was also submitted before respondent- Board. The respondent- Board while passing the order dated 04.09.2019, did not consider the application stating the reasons for the delay and condonation of the same.

A perusal of the order dated 04.09.2019, affirms the correctness of the aforesaid submission.

The order dated 04.09.2019, suffers from non application of mind. The order dated 04.09.2019, is arbitrary, illegal and cannot stand.

The order dated 04.09.2019, is quashed.

The matter is remitted to respondent No.2- Secretary, Madhyamik Siksha Parishad, U.P., Allahabad.

A writ of mandamus is issued to respondent No.2- Secretary, Madhyamik Siksha Parishad, U.P., Allahabad to execute the following directions:-

(1) The application seeking condonation of delay in filing the application for correction in the names of the parents of the petitioner shall be decided by a reasoned and speaking order. In case the cause of delay is found to be sufficient, the application for correction in the name of the parents of the petitioner in the High School Certificate shall be decided on merits by reasoned order as per law;

(2) The exercise shall be completed within a period of one month from the date of receipt of a certified copy of this order along with fresh copy of the application, delay condonation application and other supportive documents.

With the above directions, the writ petition is allowed.

Order Date :- 14.10.2019

S.K.