Bombay High Court
K Kamesa Akhilesh Kumar C/O K Phani ... vs The State Of Maharashtra And ... on 7 July, 2017
Bench: Anoop V. Mohta
WP 8254/17
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8254/2017
K Kamesa Akhilesh Kumar,
age 19 yrs., occu.education,
c/o K.Phani Kumar, age 50 yrs.,
occu.service, r/o c/o Duravolves India
Pvt.Ltd., Waluj, Aurangabad.
...Petitioner..
Versus
1] The Union of India,
through the Secretary for Ministry
of Human Resources Development,
New Delhi.
2]
The Central Board of Secondary
Education, Shiksha Kendra, 2,
Community Center, Preet Vihar,
New Delhi. Through its Secretary.
...Respondents...
.....
Shri A.B. Kadethankar, Advocate for petitioner.
Shri Bhushan Kulkarni, Standing Counsel for respondent
nos.1 & 2.
.....
CORAM: ANOOP V. MOHTA &
SUNIL K. KOTWAL, JJ.
DATE: 07.07.2017
ORAL JUDGMENT (Per Anoop V. Mohta, J.) :
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1] Heard learned counsel for the parties. Rule made
returnable forthwith. The petition is taken up for final
disposal with the consent of learned counsel for the
parties.
2] The petitioner who is resident of Aurangabad,
passed out his Senior Secondary School examination i.e.
12th Standard conducted by Central Board of School
Education (CBSE) - respondent from Alwar in the State of
Rajasthan as his father was in employment at Alwar. The
petitioner's result was declared on 25.5.2015, but name
was incorrectly mentioned on the mark sheet and migration
certificate as "Mr.Akhilesh" instead of his correct name
as "K Kamesa Akhilesh Kumar". The petitioner, therefore,
requested the authorities to correct the name, but they
expressed inability to do so because of the certificate
so referred above. It was advised to get the certificate
corrected from the CBSE only.
3] The petitioner, based upon the Rules
(Examination Bye-Laws), has taken basic step for
correction of name by getting it published in Government
official gazette within one year of declaration of his
result. In view of Clause 69(1), another condition was
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that the period prescribed for making an application for
correction in name of candidates/fathers/mothers or
guardians was one year from the date of declaration of
result. It is necessary that application of the
candidate is required to be forwarded by Head of
Institution with the attested photo copies of school
record. The school record of the petitioner reflects
correct name as "K Kamesa Akhilesh Kumar".
4] The petitioner, therefore, initiated the
proceedings for correction of his name within one year.
The official gazette of Rajasthan Government, however,
was published on 2.6.2016. By that time, one year so
prescribed in the Rules had expired. That resulted into
delay in taking out application in view of Rule 69 within
one year. The petitioner, though applied in the above
background, respondent - CBSE, however, rejected the
application for correction mainly on the ground of delay
in filing the application within one year from the date
of declaration of result.
5] Learned counsel appearing for the respondents,
based upon the instructions, submitted that there is no
power and/or procedure prescribed to condone the delay
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and, therefore, for want of specific Rule, they are not
empowered to condone the delay.
6] In the present case, we have noted that the
petitioner did take first step immediately within one
year. There was no fault on the part of the petitioner
when the Government gazette was published on 2.6.2016.
The petitioner's school record supports the case of the
petitioner, as prayed. In the present case, as there is
no power and/or procedure prescribed for condonation of
delay. For want of correction of the petitioner's name
in the relevant certificates, he would suffer at every
stage of his further education, even in day-to-day affair
of life for want of correct description in the name. We
have noted that prior to 21.6.2011, a period of 10 years
was prescribed for candidates to apply for such
correction. Now it is restricted to one year. Whatever
may be the reason for reduction of this period from 10
years to one year, in these peculiar facts and
circumstances, we are of the view that the case is made
out by the petitioner for condonation of delay in taking
out such application for correction. The petitioner
should not be compelled to suffer because of delay in
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publication of Government gazette so recorded above. The
averments so made in the petition are additional factors,
which in our view, are required to be considered, as
sufficient case is made out to condone the delay. No one
can be rendered remedy-less when it comes to his
fundamental, as well as, legal right of education.
7] The opposition by learned counsel appearing for
CBSE about non-joinder of educational institution as
party to the petition and/or the petition as filed being
premature and/or principle of estoppel, in our view, are
unacceptable. The petitioner has made out a case and in
the interest of justice, as there is no remedy available
to the petitioner, we are inclined to allow the writ
petition in following terms.
8] Submission is also made by the learned counsel
for the petitioner that all the requisite documents are
already submitted to the CBSE including the endorsement
from the Head of the Institution.
O R D E R
9] Respondent no.2 is directed to correct the
petitioner's name into its record as "K Kamesa Akhilesh
Kumar" and issue corrected Migration Certificate and Mark
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List pertaining to All India Senior School Certificate
Examination 2015 for Roll No.1618688 and Secondary School
Examination 2013 for Roll No.1121633, pertaining to the
petitioner, within one week from today. However, liberty
is granted to respondents to verify the record, if
required only.
10] Rule is made absolute accordingly. No costs.
(SUNIL K. KOTWAL, J.) (ANOOP V. MOHTA, J.)
ndk/c77175.doc
