Delhi High Court
Hemant Singh Gusain vs Central Board Of Secondary ... on 11 December, 2015
Author: Rajiv Shakdher
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11440/2015
HEMANT SINGH GUSAIN ..... Petitioner
Through: Mr. Sitab Ali Chaudhary, Advocate
versus
CENTRAL BOARD OF SECONDARY EDUCATION
AND ANR ..... Respondents
Through: Mr. Atul Kumar, Adv. for R-1
Mr. Mohinder J.S. Rupal, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 11.12.2015
CM No.30159/2015 (stay)
1. The learned counsel for the petitioner says that he does not
wish to press the captioned application.
2. The captioned application is dismissed as not pressed.
W.P.(C) 11440/2015
3. Issue notice to the respondents.
4. Mr. Kumar accepts notice on behalf of respondent no.1 while
Mr. Rupal accepts notice on behalf of respondent no.2.
5. In view of the order that I propose to pass, the learned counsel
for respondent no.1 and 2 says that they do not wish to file a counter
affidavit.
6. The grievance of the petitioner is that his surname, which was
correctly set out in class X certificate, contains an error, in so far as
the class XII certificate is concerned. The petitioner avers that he
spells his surname as Gusain; which is how, it appears in the class X
certificate. However, in the class XII certificate, the petitioner's
surname has been set out as : Guisain.
6.1 According to the learned counsel for the petitioner, this is an
error which requires correction.
6.2 Evidently, the petitioner had written to respondent no.1/ CBSE
in respect of his grievance with regard to his surname being
incorrectly set out in the Class XII certificate. This letter was
received by respondent no.1/CBSE, it appears, on 12.06.2013.
6.3 The petitioner is aggrieved by the fact that there has been no
further movement in the matter.
7. Mr. Kumar, who appears, on advance notice, on behalf of
respondent no.1/CBSE, says that the petition does not contain the
necessary attendant documents required as a prerequisite for carrying
out the correction.
7.1 It is, however, conceded by Mr Kumar that the petitioner's case
will be governed by the un-amended byelaws i.e. the bye laws which
were notified in June 2011.
7.2 According to Mr. Kumar, the following documents, as referred
to in the June, 2011 notification, are required, for entertaining an
application for correction in name:-
".....(a). True copy of Admission form(s) filled in by the
parents at the time of admission duly attested by the Head of
the concerned institution.
(b). True copy of the School Leaving Certificate of the
previous school submitted by the parents of the candidate at
the time of admission duly attested by the Head of the
concerned Institution.
(c). True copy of the portion of the page of admission and
withdrawal register of the school where the entry has been
made in respect of the candidate duly attested by the head of
the concerned institution....."
8. In the aforesaid circumstances, the writ petition is disposed of
with a direction to respondent no.1/CBSE to pass an appropriate order
on the request articulated in the said petition. The petitioner will
submit the documents adverted to above, to the extent applicable,
within one week from today. On receipt of the documents,
respondent no.1/CBSE shall pass an appropriate order, though not
later than two weeks from that date. The petitioner will be served
with the copy of the order passed by respondent no.1/ CBSE.
9. The writ petition is accordingly, disposed of.
10. Dasti under the signatures of the Court Master.
RAJIV SHAKDHER, J
DECEMBER 11, 2015
yg
