Anushka Gour vs Central Board Of Secondary ...
2022 Latest Caselaw 13449 MP

                                      1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                               BEFORE
        HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                          ON THE 12th OF OCTOBER, 2022

                      WRIT PETITION No. 603 of 2017

        BETWEEN:-
        ANUSHKA GOUR D/O ANUBHAV GOUR, AGED
        ABOUT 16 YEARS, MINOR THROUGH HER
        FATHER ANUBHAV GOUR, S/O SHRI VINAY
        PRAKASH GOUR, AGED ABOUT 44 YEARS, R/O
        SARASWATI       NAGAR        RASULIYA,
        HOSHANGABAD, DISTRICT HOSHANGABAD
        (MADHYA PRADESH)

                                                                       .....PETITIONER
        (BY SHRI B.S. SAHU - ADVOCATE)

        AND
1.      CENTRAL BOARD OF SECONDARY EDUCATION,
        TODARMAL MARG AJMER (RAJ.) THROUGH
        SECRETARY (RAJASTHAN)

2.      PRINCIPAL, SHANTINIKETAN SR. SECONDARY
        SCHOOL, CIVIL LINE HOSHANGABAD (MADHYA
        PRADESH)

                                                                    .....RESPONDENTS
        (BY SHRI RAJESH MAINDIRETTA - ADVOCATE FOR
        RESPONDENT NO.1)

      This petition coming on for admission this day, th e court passed the
following:
                                        ORDER

In this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

"i) This Hon'ble court may kindly be pleased to issue an appropriate Writ to annul the letter dated 24.11.2016 Annexure P/5 and to direct the respondents to correct the spelling in the name of petitioner "Anushka" in place

of "Anuska" and the name of her father "Anubhav" in place of "Anubhab" in the school records and marksheet of class IXth and Xth and also further marksheet of class XIth of present academic year, in the interest of justice.

ii) Any other relief which may deem fit and proper in the facts and circumstances of the case may be allowed in favour of the petitioner."

Learned counsel for the petitioner submits that the Apex Court in the case of Gigya Yadav Vs. C.B.S.E. (Civil Appeal No.3905/2011) has laid down certain guidelines in respect of correction in the certificate issued by the Board of Secondary Education. In the light of the aforesaid judgment, the petitioner may be directed to make a formal application seeking correction in the marksheet alongwith supporting documents.

Taking into consideration the facts and circumstances of the case as well as the judgment passed by the Apex Court in the case of Gigya Yadav (supra), the petitioner is directed to file a fresh application alongwith necessary documents within one month from today before the respondent No.1. If such an application is filed within the aforesaid period, respondent No.1 is directed to consider the claim of the petitioner in the light of Gigya Yadav (supra) , in accordance with law, as expeditiously as possible, preferably within a period of two months thereafter and pass a reasoned and speaking order.

If respondent No.1 comes to the conclusion that the correction can be incorporated, in that condition, a fresh corrected marksheet be issued to the petitioner within the aforesaid period.

It is made clear that this Court has not expressed any opinion on the merits of the case.

With the aforesaid direction, the writ petition stands disposed of. C.C. as per rules.

(S. A. DHARMADHIKARI) JUDGE vc

VARSHA CHOURASIYA