Aayush Gupta vs C.V.S.I. Shiksha Kendra Thr
2023 Latest Caselaw 17289 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                    BEFORE
                                       HON'BLE SHRI JUSTICE ROHIT ARYA
                                                       &
                                 HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                               ON THE 16 th OF OCTOBER, 2023
                                               WRIT PETITION No. 7722 of 2015

                           BETWEEN:-
                           AAYUSH GUPTA S/O SHRI MOHAN GUPTA, AGE 19
                           YEAR S, OCCUPATION: STUDENT, R/O 801/1 KAILASH
                           VIHAR CITY CENTRE GWALIOR (MADHYA PRADESH)

                                                                                           .....PETITIONER
                           (BY SHRI R.C. BHARGAVA - ADVOCATE)

                           AND
                           1.    C.B.S.E. SHIKSHA KENDRA THROUGH CHAIRMAN
                                 COMMUNITY CENTRE PREETI VIHAR NEW DELHI
                                 (DELHI)

                           2.    ASSISTANT SECRETARY CBSE REGIONAL OFFICE
                                 TODERMAL     MARG    AJMER    RAJASTHAN
                                 (RAJASTHAN)

                           3.    PRINCIPAL BHARTIYAM VIDHYA NIKETAN
                                 CHIRWAI NAKA SHIVPURI LINK ROAD GWALIOR
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI D.P. SINGH - ADVOCATE)

                                 This petition coming on for admission this day, Justice Rohit Arya
                           passed the following:
                                                               ORDER

This petition under Article 226 of the Constitution of India has been filed by the petitioner in the year 2015 with the prayer that the name of father of the petitioner in the marksheet of the academic year 2013 of Class 12th issued on Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 17-10-2023 10:17:23 AM

27.05.2013 be corrected substituting the same as "B M Gupta" in place of wrongly mentioned "B N Gupta".

The aforesaid relief has been sought on the premise that in the class 10th marksheet of the petitioner, his father's name has been mentioned as Braj Mohan Gupta. It's over 9 years and writ petition is kept pending.

Shri D.P. Singh, Advocate submits that in the light of judgment of Hon'ble Apex Court rendered in the case of Jigya Yadav Vs. CBSE and others 2021 (7) SCC 535 Para 171 and 172, the respondent/CBSE is not only processing amendment in the relevant set of rules but also correcting the marksheets of students on case to case basis.

In view of the aforesaid statement made at the Bar, we hereby direct that respondent/CBSE shall be well advised to correct the name of father of the petitioner on the strength of marksheet of Secondary School Examination (session 2009-11) of the petitioner within reasonable time upon receipt of certified copy of the order passed today.

With the aforesaid, this writ petition stands disposed of.

                              (ROHIT ARYA)                                 (AMAR NATH (KESHARWANI))
                                 JUDGE                                              JUDGE
                           ojha




Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 17-10-2023
10:17:23 AM