Priyanka Jaiswal vs State Of U.P. Thru. Prin. Secy. ...
2022 Latest Caselaw 10403 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - C No. - 5177 of 2022
 

 
Petitioner :- Priyanka Jaiswal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And Others
 
Counsel for Petitioner :- Dinesh Kumar Ojha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

Considering the nature of the order passed, I do not deem it appropriate to grant any time for counter affidavit. The matter is being decided only on the basis of the order dated 13.06.2022 impugned in the present writ petition.

The facts, in brief, are that the petitioner had appeared for High School Examination, however, in the marks-sheet and certificate issued to the petitioner, the name of the father of the petitioner was wrongly shown in the 10th class marks-sheet and certificate. Subsequently, the petitioner appeared in the Intermediate examination wherein the name of the father of the petitioner was correctly shown as Indra Kumar Jaiswal. The petitioner made a request for correction of the High School Marks-sheet and Certificate, which has been rejected by means of the impugned order as being beyond the limitation prescribed under Chapter 7 of the regulations framed under the Intermediate Education Act.

The said order cannot be sustained only on the ground that the question with regard to limitation was considered by this Court in Special Appeal No.160 of 2014 'Anand Singh v. U.P. Board of Secondary Education & Ors.' wherein vide judgment dated 11.02.2014 this court interpreting the regulation 7 had indicated that for correction sought in the names, no limitation is prescribed. The impugned order has been passed dismissing the application only on the ground that the same has been filed beyond the limitation prescribed under the regulations framed under the Intermediate Education Act.

The order dated 13.06.2022 (Anneuxure - 1) being clearly in the teeth of the judgment of this Court in the case of Anand Singh (supra) is not sustainable and is set aside with direction to respondent no.3 to make necessary corrections in the High School marks-sheet and certificate in respect of the name of the father of the petitioner. The said correction shall be in consonance with the certificate issued for Intermediate Education wherein the name of the father of the petitioner is correctly depicted.

The said order shall be complied within a period of six weeks from the date of filing of the copy of this order.

The writ petition is allowed in above terms.

Order Date :- 17.8.2022

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