Ritvi D/O Pankaj Golechha, Thr. ... vs Central Board Of Secondary ...
2021 Latest Caselaw 14623 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.


                          WRIT PETITION NO. 3264 OF 2021

 1. Miss. Ritvi D/o. Pankaj Golechha,
    (Minor), aged about 17 years,
    Occupation : Student, R/o.Katoli,
    Bamni, Post : Katoli, Tq. Ballapur,
    District : Chandrapur, through
    guardian/ father Shri Pankaj
    Kamalnayan Golechha.

 2. Pankaj S/o. Kamalnayan Golechha,
    Aged about 40 years, Occupation :
    Cultivation, R/o. Katoli - Bamni,
    Post : Katoli, Tq. Ballarpur, District:
    Chandrapur.

 3. Neha W/o. Pankaj Golechha,
    Aged about 39 years, Occupation:
    Household, R/o. Katoli - Bamni,
    Post : Katoli, Tq. Ballarpur, District:
    Chandrapur.

                                                            .... PETITIONERS.

                                   // VERSUS //

 1. Central Board of Secondary Education,
    through its Regional Director, Central
    Board of Secondary Education, Regional
    Office, RLM Business Park, Sr.No.28/4/A,
    Old Kharadi - Mundhva Road, Opp.
    Bollywood Complex, Kharadi, Pune-411014.

 2. Ballarpur Public School, Yenbodi,
    Tq. Ballarpur, District Chandrapur
    - 442701 - through its Principal.

                                                           .... RESPONDENTS.



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  Judgment                                2                              wp3264.21.odt




  ______________________________________________________________
 Shri M.P.Khajanchi, Advocate for Petitioners.
 Shri P.S.Chauhan, Advocate for Respondent No.1.
 Shri P.R.Agrawal, Adv. h/f. Shri A.S.Ambatkar, Adv for Resp.No.2.
 ______________________________________________________________


                           CORAM :   SUNIL B. SHUKRE AND
                                     ANIL S. KILOR, JJ.

DATED : OCTOBER 06, 2021

ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally by

consent of the learned counsel for the parties.

3. Learned counsel for the petitioner initially submitted that the

claim of the petitioner No.1 regarding change of her name in the

Central Board of Secondary Education (C.B.S.E.) Certificate is

supported by the school record. But, upon verification of the statement,

we find that such change is not at all supported by the school record as

the School Leaving Certificate, issued by Khamgaon School where the

petitioner No.1 studied up to 7th Standard, discloses that it was issued

in the previous name of petitioner No.1.

Judgment 3 wp3264.21.odt

4. Now, the learned counsel for the petitioners submits that

change in the particulars to be recorded in the certificates issued by the

C.B.S.E. can also be effected on the basis of other public documents,

such as Birth Certificate, Aadhar Card, Election Card and in the present

case, as petitioner No.1 has already been issued Aadhar Card in her

new name, the request of the petitioner for incorporating the change in

the certificates issued by the C.B.S.E. ought to have been accepted by

the C.B.S.E.

5. The learned counsel for C.B.S.E. submits that the C.B.S.E. is

ready to consider the claim of the petitioner No.1 in terms of the

directions issued by the Supreme Court in Jigya Yadav (Minor) (Thr.

Guardian/Father Hari Singh) .vs. C.B.S.E., reported in 2021(7) SCALE

298.

6. On going through the observations of the Hon'ble Apex Court

appearing in paragraph 171, we find that the claim regarding

incorporation of change in the C.B.S.E. Certificates is duly supported by

the public document, which is Aadhar Card. The Aadhar Card has been

issued in the present name of the petitioner.

7. In Jigya Yadav (supra), two categories of such claim have

been mentioned. The first is based upon public documents like Birth

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Certificate, Aadhar Card, Election Card and so on and so forth and

second is when the request for change is due to the acquired name by

choice at later point of time, in which case, there has to be a

declaration given by a Court of law. Since the claim regarding

incorporation of change in the C.B.S.E. certificate, made by the

petitioner, is based upon a public document, it would fall in the first

category as noted in paragraph No.171 of Jigya Yadav (supra) and

therefore, we are of the considered view that such a claim of the

petitioner No.1 cannot be ignored by the C.B.S.E.

8. Accordingly, we direct the C.B.S.E. to entertain the request of

the petitioner No.1 for recording change in the C.B.S.E. Certificates and

other documents to be issued/issued by the C.B.S.E. and allow the

same subject to reasonable condition(s), which may be imposed by the

C.B.S.E. in its discretion, in terms of the directions issued in the case of

Jigya Yadav(supra), within a period of four weeks from the date of the

order.

Rule accordingly. No costs.

                   ( ANIL S. KILOR, J )          ( SUNIL B. SHUKRE, J.)


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