Delhi High Court
Madan Lal vs Central Board Of Secondary ... on 27 September, 2018
#79
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 27.09.2018
W.P.(C) 8765/2017 & CM APPL.35891/2018
MADAN LAL ..... Petitioner
versus
CENTRAL BOARD OF SECONDARY
EDUCATION ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Apurb Lal and Ms. Meenu Pandey, Advocates
For the Respondent : Mr. Atul Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
JUDGMENT
SIDDHARTH MRIDUL, J (ORAL)
1. The present petition under Article 226 of the Constitution of India
prays as follows:-
"(i) Direct the respondent to make correction in name of
the parents in terms of the school record in the
certificates of class 10th and 12th and issue fresh
certificates along with mark sheet after correction.
(ii) Pass appropriate direction against the respondent to
pay cost for compelling the petitioner to file the
petition before this Hon'ble Court for their mistake.
(iii) Call for the records of the case.
(iv) Pass any other and further order which may deem fit
and proper in the facts and circumstances of the case."
2. Madan Lal was born to Nardi Devi and Guneshwar Prasad on
03.01.1995. Although, his parents are uneducated, they had him admitted to
a Government school in Delhi.
3. A perusal of his admission form clearly reflects his parents name as
'Nardi Devi' and 'Guneshwar Prasad'. However, evidently on account of an
inadvertent mistake at the time, when Madan Lal successfully cleared his
Class Xth Examination, his parents' names were incorrectly reflected as
'Nargi Devi' and 'Ganeshwar Prasad', respectively. A similar mistake
occurred when he successfully wrote the Class XIIth Examination. In the
certificate issued to him by the Central Board of Secondary Education (for
short 'CBSE'), although his mother's name is correctly reflected as 'Nardi
Devi', his father's name underneath the space provided for the purpose, is
reflected as 'Guneshwar Prashad'.
4. From the above, it is evident that, the names of Madan Lal's parents,
as recorded, are not in accord with the correct names furnished to the
concerned school at the time of his admission.
5. As a result of the errors in Madan Lal's certificates, as aforestated, he
was constrained to approach the CBSE vide letter dated 20.06.2017, seeking
correction of his parents' names in the subject certificates and marksheets of
Class Xth and Class XIIth, along with the requisite affidavit dated 19.01.2017.
6. However, the CBSE rejected his request, in terms of their mandated
bye- laws dated 25.06.2015. It is the said rejection letter dated 31.07.2017,
which is assailed in the present proceedings.
7. In W.P.(C) 4990/2018, titled as 'Rohit Akka vs. Central Board of
Secondary Education and Anr.', by way of judgment dated 06.09.2018, this
Court observed that, the application of the mandated bye-laws must be
informed by the rules of prudence, which do not permit of a cloistered and
insensitive approach.
8. In the peculiar facts and circumstances of the present case and the
admitted position that, Madan Lal's parents have received no formal
education, it would be a travesty of justice to visit him with the consequence
of an inadvertent error in eternity.
9. In view of the foregoing, in my considered view, the present petition
deserves to be allowed. The correction in the subject certificates, in accord
with the admission form filled in, at the time of Madan Lal's admission,
leaves no manner of doubt qua the correct names of his parents.
10. I, therefore, allow the present petition and direct the CBSE to correct
the names of parents of Madan Lal as 'Nardi Devi' and 'Guneshwar Prasad'
in Class Xth and Class XIIth certificates and mark sheets forthwith.
11. The petitioner is, however, directed to surrender the subject
certificates and mark sheets in original to the CBSE, in order to enable the
latter to carry out the above corrections, within a period of two weeks from
today.
12. With the above directions, the writ petition is disposed of.
SIDDHARTH MRIDUL
(JUDGE)
SEPTEMBER 27, 2018
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