Prachi Basumatary vs The Union Of India And 6 Ors
2022 Latest Caselaw 839 Gua

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GAHC010013962021




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

                          Case No. : WP(C)/636/2021

         PRACHI BASUMATARY
         D/O- LT. SUKAN BASUMATARY, R/O- VILL- MADURIPATHAR, P.O.
         MADURIPATHAR, P.S. SILAPATHAR, DIST.- ASSAM, PIN- 787059



         VERSUS

         THE UNION OF INDIA AND 6 ORS
         REP. BY THE MINISTRY OF HUMAN RESOURCE AND DEVELOPMENT
         SANSAD BHAWAN, NEW DELHI

         2:THE CENTRAL BOARD OF SECONDARY EDUCATION (HEAD OFFICE)
          GOVT. OF INDIA
          SHIKSHA KENDRA
          2
          COMMUNITY CENTRE
          PREET VIHAR
          DELHI- 110092
          REP. BY THE CHAIRPERSON

         3:THE CHAIRPERSON
          CBSE
          SHIKSHA KENDRA
          2
          COMMUNITY CENTRE
          PREET VIHAR
          DELHI- 110092

         4:THE SECRETARY
          CBSE
          SHIKSHA KENDRA
          2
          COMMUNITY CENTRE
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             PREET VIHAR
             DELHI- 110092

            5:THE CONTROLLER OF EXAMINATION
             CENTRAL BOARD OF SECONDARY EDUCATION
             SHILPAGRAM ROAD
             NEAR SHANKARDEV KALAKSHETRA
             PANJABARI
             GHY-37
            ASSAM

            6:THE REGIONAL OFFICER
             CENTRAL BOARD OF SECONDARY EDUCATION
             SHILPAGRAM ROAD
             NEAR SHANKARDEV KALAKSHETRA
             PANJABARI
             GHY-37

            7:THE PRINCIPAL
             GOVT. HR. SEC. SCHOOL
             LIKABALI
            WEST SIANG DISTRICT
            ARUNACHAL PRADESH
             PIN- 79110

Advocate for the Petitioner   : MR. A K PURKAYASTHA

Advocate for the Respondent : ASSTT.S.G.I.




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                             ORDER

09.03.2022 Heard Shri A.K. Purkayastha, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC for the respondent no. 1 and Ms. R. Bora, learned Standing Counsel, CBSE for the respondent nos. 2 to 6.

2. Considering the issue involved and also the authoritative pronouncement on the issue by a recent judgment by the Hon'ble Supreme Court, which has also been followed in a number of earlier cases, this writ petition is taken up for disposal at the order stage.

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3. The petitioner, who is a student had passed her 10 th examination under the CBSE in March, 2011. However, in the documents pertaining to the said examination namely, Registration Certificate, Admit Card, Pass Certificate and Mark Sheet, her surname as well as surname of her parents have been wrongly written as "Rai" instead of "Basumatary". It is the case of the petitioner that in all contemporaneous documents, the surname of the petitioner as well as surname of her parents have been correctly written as "Basumatary" and therefore, application was made before the CBSE for making necessary correction in the aforesaid 4(four) documents.

4. The learned counsel for the petitioner submits that similar issues, which were pending in various places, were taken up by the Hon'ble Supreme Court and the Hon'ble Supreme Court in the case of Jigya Yadav Vs. Central Board of Secondary Education & Ors. reported in (2021) 7 SCC 535, a direction has been given to the CBSE to take on record the representation / application as submitted for making such correction by taking into account the other documents containing the correct names. The learned counsel for the petitioner submits that in view of the law laid down by the Hon'ble Supreme Court, the present writ petition can be deposed of by giving a similar direction.

5. Ms. R. Bora, learned Standing Counsel, CBSE fairly submits that in view of the above law settled by the Hon'ble Supreme Court, the present writ petition can be disposed of by giving a similar direction.

6. In view of the aforesaid facts and circumstances and upon hearing the parties, the present writ petition is disposed of by directing the CBSE to consider the case of the petitioner and upon verification of the other contemporaneous documents containing the correct surname, which is "Basumatary", make necessary correction in the surname of the petitioner as well as her parents, namely late Sukan Basumatary and Smt. Manju Basumatary. As indicated above, the surnames were erroneously written as "Rai" instead of "Basumatary" for which such correction is directed to be made.

7. The petitioner may furnish a certified copy of this order to the authorities concerned with all other relevant documents and upon receipt of the same, the exercise directed to be performed be completed expeditiously and preferably within a period of 2(two) months from Page No.# 4/4

the date of receipt of the same.

8. The writ petition stands disposed of.

JUDGE

Comparing Assistant