Himachal Pradesh High Court
Guardian And Father vs Central Board Of Secondary ... on 25 October, 2021
Bench: Mohammad Rafiq, Sabina
REPORTABLE
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 25th DAY OF OCTOBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE SABINA
CIVIL WRIT PETITION No. 4451 of 2021
Between:
YADVI SHARMA,
AGED 17 YEARS,
D/O SH. SANJAY AMRIT GOPAL,
THROUGH HER NATURAL
GUARDIAN AND FATHER
SH. SANJAY AMRIT GOPAL,
S/O LATE SH. NARESH KUMAR,
AGED 48 YEARS,
R/O V.P.O. GARH JAMULA,
VIA DROH,
TEHSIL PALAMPUR,
DISTRICT KANGRA (H.P.)
...PETITIONER
(BY MR. ADARSH K.
VASHISTA, ADVOCATE)
AND
1. CENTRAL BOARD OF SECONDARY
EDUCATION THROUGH ITS
SECRETARY,
::: Downloaded on - 31/01/2022 23:13:21 :::CIS
2
CBSE REGIONAL OFFICE,
SECTOR 5, PANCHKULA
(HARYANA).
.
2. RAINBOW INTERNATIONAL
SCHOOL, THROUGH ITS
PRINCIPAL,
NAGROTA BAGWAN,
DISTRICT KANGRA (H.P.)
...RESPONDENTS
(MS. RITTA GOSWAMI,
ADVOCATE, FOR R1)
This Civil Writ Petition coming on for admission this
day, Hon'ble Mr. Justice Mohammad Rafiq, passed the
following:
ORDER
This writ petition has been filed by Yadvi Sharma, a
student, who passed her Secondary School Examination from
respondent No. 1Central Board of Secondary Education (for short
'the Board') in the year 2019 as a regular student of Rainbow
International School, Nagrota Bagwan, District Kangra, with a
prayer that order, dated 3rd May, 2021 (Annexure P14) issued by
respondent No. 1Board, rejecting the prayer of the petitioner
seeking the correction of name of her mother from 'Sangeeta' to
'Sangeeta Sharma', be quashed and set aside and the Board may
be directed to carry out change in the name of mother of the
.
petitioner in her Marks StatementcumCertificate of Secondary
School Examination, March 2019.
2. The learned counsel for the petitioner, at the outset, has
cited a recent judgment of the Hon'ble Supreme Court in Jigya
Yadav (Minor) (Through Guardian/Father Hari Singh) versus
Central Board of Secondary Education and others, reported in
(2021) 7 Supreme Court Cases 535, and in particular, para 37 of
the judgment, where a similar request made by a studentIshita
Khandelwal in the Rajasthan High Court was granted, directing
the change of the name of her mother from 'Seema Manak' to
'Sanyogeta Manak' and the Letters Patent Appeal filed by the
Board was dismissed by the Rajasthan High Court in CBSE
versus Ishita Khandelwal, reported in 2019 SCC OnLine Raj
7789. It is argued that the Hon'ble Supreme Court has upheld
the aforesaid decision of the Rajasthan High Court and issued
certain directions, in para 194 of the judgment as to the manner
in which necessary corrections are required to be made.
3. Learned counsel for respondent No. 1Board has opposed
the prayer and submitted that the petitioner approached the
.
Board and the application of the petitioner was rejected by the
Board prior to the judgment of the Hon'ble Supreme Court in
Jigya Yadav's case (supra), therefore, she may be required to
again approach the Board with a fresh representation.
4. In our considered view, unlike in the case before
Rajasthan High Court, the instant case does not involve the
change of name of the mother of the petitioner, as her name
continues to be 'Sangeeta'. The petitioner has only prayed for
inclusion of the surname 'Sharma' with the name of her mother
'Sangeeta'.
5. The birth certificate of the petitioner, which is produced
on record as Annexure P1, indicates the name of the petitioner as
'Yadvi Sharma' besides the name of her mother as 'Sangeeta
Sharma'. The date of registration of the birth of the petitioner is
3rd February, 2004. Therefore, even if the said certificate is issued
on 15th October, 2020, it cannot be said that the entry has been
made later on.
6. The certificate issued by Gram Panchayat Jamula,
Development Block Suleh, Tehsil Palampur, District Kangra on
.
27th February, 2006 (Annexure P2) also indicates the name of
petitioner's mother as 'Sangeeta Sharma'. Even, the certificate of
Bonafide Himachali (Annexure P3) issued in favour of the mother
of the petitioner by the Executive Magistrate on 4 th June, 2003,
indicates the name of the mother of the petitioner as 'Sangeeta
Sharma'. The Performance Report of the petitioner (Annexure P
4) issued by respondent No. 2Rainbow International School in
respect of the academic year 200809 also indicates the name of
her mother to be 'Sangeeta Sharma'. The reference may also be
made to the Matriculation Certificate issued by Himachal
Pradesh Board of School Education on 15 th June, 1992 (Annexure
P15) in favour of the mother of the petitioner, indicating her
name as 'Sangeeta Sharma' with Roll No. 265348.
7. In view of the above discussion, we are persuaded to
allow this writ petition and set aside the order passed by
respondent No. 1Board, dated 9th May, 2021 (Annexure P14) and
direct respondent No. 1Board to issue fresh certificate with the
correction prayed for, in conformity with the directions issued by
the Hon'ble Supreme Court in para 194 of the judgment in Jigya
Yadav's case (supra), within a period of one month from the date a
.
copy of this order is produced by the petitioner.
8. Pending miscellaneous applications, if any, shall also
stand disposed of.
( Mohammad Rafiq )
Chief Justice
( Sabina )
Judge
October 25, 2021
( rajni )
