Lahari Vennam vs Union Of India
2021 Latest Caselaw 3321 AP

    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

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

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

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI

WRIT PETITION No.18977 OF 2020

02.09.2021 DRK