Hafiz Uddin vs Central Board Of Secondary ...
2022 Latest Caselaw 598 Gua

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GAHC010175452016




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : WP(C)/7176/2016

            HAFIZ UDDIN
            S/O. SHOMESH ALI, VILL. HAPACHAR, P.O. P.CHATALA, P.S. KALGACHIA,
            DIST. BARPETA, ASSAM.



            VERSUS

            CENTRAL BOARD OF SECONDARY EDUCATION
            SHILPAGRAM ROAD, NEAR SHANKARDEV KALAKSHETRA, PANJABARI,
            GUWAHATI-781037.



Advocate for the Petitioner   : MR.M DEKA

Advocate for the Respondent : SC, CBSE




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

21.02.2022

Heard Mr. S. Islam, learned counsel for the petitioner who is aggrieved by the inaction of the respondent authorities to correct the anomaly in his school records.

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2. It is the case of the petitioner that the name of his mother is Hamela Khatun and in the school record, due to error the name of the mother of the petitioner has been written as Hamida Khatun.

3. Learned counsel for the petitioner has contended that in all other official records, the name of the mother of the petitioner has been correctly written as Hamela Khatun.

4. Ms. R. Bora, learned Standing Counsel, CBSE fairly submits that the issue in question has been decided recently by the Hon'ble Supreme Court in a bunch of cases, the lead case being Civil Appeal No. 3905/2011 vide a judgment dated 06.03.2021 (Jigya Yadav Vs. CBSE and Ors.).

5. It is submitted that the Hon'ble Supreme Court has directed that if there are other documents which were submitted within time containing the correct name of either the candidate or the name of the parents of the candidate, the correction can be done.

6. The learned counsel, accordingly, submits that necessary direction may be passed for consideration of the case of the petitioner in the line of the judgment passed by the Hon'ble Supreme Court.

7. In view of the aforesaid submissions made by the learned counsel and taking into consideration the judgment of the Hon'ble Supreme Court, as referred above, the respondent CBSE is directed to consider the case of the petitioner towards correction of the name of the mother from Hamida Khatun to Hamela Khatun which would be evident from the other documents pertaining to the issue in question. Such consideration should be done expeditiously and preferably within a period of 6(six) weeks from today and the corrected Page No.# 3/3

document(s) be handed over to the petitioner immediately thereafter.

8. Writ petition stands disposed of.

JUDGE

Comparing Assistant