Priyanka Bhadoriya vs Central Board Of Secondary ...
2021 Latest Caselaw 5233 MP

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              HIGH COURT OF MADHYA PRADESH
                            WP.No.13002/2021
(Priyanka Bhadoriya Vs. Central Board of Secondary Education &
                                  Others)

Gwalior Bench : Dated : 09.09.2021

      Shri Amit Shrivastava, learned counsel for the petitioner.

      Shri D.P.Singh, learned counsel for the respondents no.1 to

3/CBSE.

The present petition is being filed under Article 226 of the

Constitution of India seeking following reliefs:-

"(i). The Annexure P-1 i.e. letter issued by respondent no.2. Letter No.CBSE/Ajmer/RO /P.P./C.C.-121/21 dated 01.06.2021 may kindly be quashed.

(ii) That, respondents may kindly be directed to make the necessary correction in the mark sheet of Class- XIIth of petitioner i.e. Annexure P/3 in surname of petitioner and her parents i.e. "Bhadoriya" at the place of "Bhadoria" and correct the record accordingly.

(iii) That, respondents are directed to reconsider the request of petitioner for making necessary correction in the surname of petitioner and her parents i.e. "Bhadoriya" at the place of "Bhadoria" in the mark sheet of Class - XIIth as per rule 69.1 (ii).

(iv). Issue any other writ, order or direction in the nature of writ under Article 226 of the Constitution of India, as this Hon'ble Court may deem fit in facts and circumstances of case;

HIGH COURT OF MADHYA PRADESH WP.No.13002/2021 (Priyanka Bhadoriya Vs. Central Board of Secondary Education & Others)

(v) Cost of the petition may also be allowed."

Learned counsel for the petitioner has submitted that the

petitioner took admission in Class- VIIIth in the year of 2006 in school

of respondent no.3 and she completed school education from the

school of respondent no.3 and in between the mark sheets of Class-

Xth and XIIth have been issued by respondent no.2. Copy of mark

sheet of Classes Xth and XIIth are enclosed with the petition as

Annexures P-2 and P-3. The name and surname of petitioner has

rightly been mentioned in mark sheet of Class Xth i.e. Priyank

Bhadoriya but in the mark sheet of Class-XIIth surname of petitioner

and her parents has been typed as Bhadoria in the place of Bhadoriya

and said mistake committed by respondent no.2 came into the

knowledge of petitioner when petitioner tried to get admission for

further study in abroad. Thereafter, petitioner moved the application

before respondent no.3 to get her surname corrected through

respondent no.2 because petitioner Priyanka Bhadoriya has mistakenly

mentioned as Priyanka Bhadoria in the mark sheet of Higher

Secondary while the name of her and her parents were already

mentioned as Priyanka Bhadoriya in Class Xth mark-sheet. The

respondent no.3 forwarded the said application to respondent no.2 with

its covering letter. The respondent no.3 has informed to the petitioner

HIGH COURT OF MADHYA PRADESH WP.No.13002/2021 (Priyanka Bhadoriya Vs. Central Board of Secondary Education & Others)

that said mistake cannot be rectified because her name is Bhadoria with

available record and suggested to follow the examination rules framed

by respondent no.1 for correction in her name or surname. The

petitioner has published the information about particulars of her

surname and her parents i.e. "Bhadoriya" in place of "Bhadoria" in the

daily newspaper Dainik Bhaskar Edition dated 04.04.2021. Thereafter,

again petitioner made request for correction while annexing the

publication of newspaper through respondent no.3. The respondent

no.3 has forwarded the said application with it covering letter to

respondent no.2. The petitioner is 27 years young girl and she wants to

do higher study and she completed High School, Higher Secondary,

Graduation and Post-Graduation and her surname as well as her

parents surname Bhadoriya has been mentioned in all the mark sheets

except to the mark sheet of Class- XIIth in which the particulars of her

surname "Bhadoria" has been mentioned while the particulars of her

surname is "Bhadoriya" which is required to be corrected and her

surname before respondent no.3 i.e. Kendriya Vidyalaya No.3, Morar,

Cantt., Gwalior under CBSE pattern whereas Central Board of

Secondary Education is an autonomous organization under the Union

Ministry of Human Resource Development, Govt. of India which

comes under the scope of Article 12 of the Constitution of India and

HIGH COURT OF MADHYA PRADESH WP.No.13002/2021 (Priyanka Bhadoriya Vs. Central Board of Secondary Education & Others)

hence, amenable to the writ jurisdiction of this Hon'ble Court.

Petitioner had taken admission before respondent no.3 school in year

2006. The respondent no.2 has illegally and arbitrarily refused to make

the correction in the mark sheet of Class-XIIth. The said act of the

respondent no.2 is not only arbitrary and illegal but also in violation of

Rule 69.1 (ii) of Examination Rule framed by the respondent no.1

which was further amended by Notification dated 25.06.2015. The

petitioner appeared in the Class 12 th examination conducted by the

respondent authority i.e. the Central board of Secondary Education.

The petitioner has passed the aforesaid examination. The details of the

Class XIIth result are as follows:-

  Name of Roll No. Mother's           Father's    D.O.B.       School
 the student        name               Name                    Name
 Priyanka     1661268    Anita Dhir Singh            05th   03251-
 Bhadoria               Bhadoria Bhadoria         August   Kendriya
                                                 Nineteen Vidyalaya
                                                   Ninety No.3 Morar,
                                                  Four as   Cantt.
                                                 per mark- Gwalior
                                                  sheet of   M.P.
                                                    th
                                                 10 Class

From the above, it is clear that everything in the above mark

sheet was correct except surname of the petitioner as well as her

parents. The correct names of the petitioner and her parents are :-

Priyanka Bhadoriya, Anita Bhadoriya and Dhir Singh Bhadoriya but

HIGH COURT OF MADHYA PRADESH WP.No.13002/2021 (Priyanka Bhadoriya Vs. Central Board of Secondary Education & Others)

inspite of aforesaid, surnames due to mistake/typographical error the

surname of the petitioner as well as her parents were written as

Bhadoria. In all necessary documents name of the petitioner and

surname as well as her parents are mentioned as Priyanka Bhadoriya,

Anita Bhadoriya and Dhir Singh Bhadoriya. The respondent no.2 has

illegally and arbitrary refused to make the correction in the mark sheet

of Class-XIIth. The said act of the respondent no.2 is not only arbitrary

and illegal but also in violation of Rule 69.1 (ii) of Examination Rule

framed by the respondent no.1 which was further amended by

Notification dated 25.06.2015 but the fact remains that the said

exercise cannot be done under Rule 69.(i) because the respondent

authorities has to consider the Rules 69.1 (ii) for correcting the name

of the father, mother and even the candidate name in the mark-sheet

but the respondent authorities without applying the proper section and

without going through the records of the petitioner, rejected the claim

of the petitioner by way of passing non-speaking order which curtails

the rights of the present petitioner.

Learned counsel for the petitioner has relied upon the judgment

of Jigya Yadav (Minor) (Through Guardian/Father Hari Singh Vs.

C.B.S.E. (Central Board of Secondary Education) & Ors. passed by

the Hon'ble Supreme Court decided on 03.06.2021 in Civil Appeal

HIGH COURT OF MADHYA PRADESH WP.No.13002/2021 (Priyanka Bhadoriya Vs. Central Board of Secondary Education & Others)

No.3905/2011 wherein certain guidelines are formulated in para 171 of

the judgment for consideration regarding the change of particulars in

the mark-sheet issued by the CBSE.

Per contra, learned counsel for the respondents no.1 to 3 has

submitted that the impugned order is a well reasoned order and is

passed considering Rule 69 (1) (i) of the CBSE Rules and the same

does not warrant any interference in the present writ petition. But he

fairly submits that certain guidelines are issued by Hon'ble Supreme

Court in the case of Jiya Yadav (supra). Even otherwise

representation is submitted by the petitioner to the concerning

authorities, they will reconsider the grievances of the petitioner and

settle the dispute considering the judgment of Jigya Yadav (supra)

Considering the facts and circumstances of the case, this Court

deems it appropriate to dispose of the writ petition with a direction to

the respondents to consider and decide the case of the petitioner

considering the aforesaid judgment of Jigya Yadav (Minor) (supra)

within a period of two months from the date of receipt of the certified

copy of this order. Petitioner is directed to furnish a copy of this order

as well as order passed in the case of Jigya Yadav (supra) to the

authorities within 10 days.

Accordingly, the impugned order (Annexure P/1) dated

HIGH COURT OF MADHYA PRADESH WP.No.13002/2021 (Priyanka Bhadoriya Vs. Central Board of Secondary Education & Others)

01.06.2021 passed by the respondent-authority is hereby quashed. The

matter is relegated back to the Authority to decide the matter afresh

within the aforesaid period.

Accordingly, the petition is disposed of.

Needless to say that this Court has not commented upon the

merits of the case.

Certified copy as per rules.

                                                  (Anand Pathak)
AK/-                                                  Judge
         ANAND KUMAR
         2021.09.11
         18:48:37 +05'30'