Purva Kahol (Minor) vs Central Board Of Secondary ...
2022 Latest Caselaw 7441 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

244                                        C.W.P. 4624-2020
                                           Date of Decision:- 21.07.2022

Purva Kahol (minor)
                                                                   ....Petitioner
vs.

Central Board of Secondary Education (CBSE) and others
                                                                ....Respondents
                               ***
BEFORE :- HON'BLE MR. JUSTICE SUDHIR MITTAL
                               ***
Present:- Mr. Puneet Sharma, Advocate for the petitioner

             Mr.Naveen Chopra, Advocate for respondent Nos. 1 and 2

           Mr.Y.S. Saini, Advocate for respondent No.3
                                  ***
Sudhir Mittal, J. (Oral)

The petitioner passed her matriculation examination in May,

2018. Her name in the said certificate was wrongly recorded as "Purva".

Being aggrieved, an application for correction was made but the request

was rejected. Thus, CWP-22938-2019 was filed, which was allowed vide

judgment dated 3.9.2019 and order of rejection dated 3.10.2018 was

quashed. Based on this judgment, the petitioner once again applied for

correction but the request was rejected again vide order dated 5.11.2019.

Thus, the present writ petition has been filed.

From the record as well as submissions of learned counsel for

the petitioner, it is evident that the petitioner was normally known as "Purva

Kahol" but the surname was not mentioned in the 10th Class certificate.

Subsequently, the father of the petitioner has got the factum of adding of the

surname published in the official gazette and affidavit in that regard has

also been executed. All these documents have been supplied to the CBSE

1 of 2

and yet the correction has been refused. Thus, the order dated 5.11.2019

deserves to be quashed. Learned counsel for the petitioner has placed

reliance upon the judgment of the Hon'ble Supreme Court passed in "Jigya

Yadav (Minor) vs. C.B.S.E (Central Board of Secondary Education)

and others" 2021(7) SCC 535.

In view of the judgment passed in Jigya Yadav's case (supra),

learned counsel for respondent Nos. 1 and 2 has nothing to say in support of

the impugned order.

The writ petition is accordingly allowed and the impugned

order dated 5.11.2019 is quashed. Respondent Nos. 1 and 2 are directed to

issue the corrected certificate within four weeks from the date of receipt of

the certified copy of the order, subject to deposit of earlier certificates and

payment of the requisite fee.

July 21, 2022                                  ( SUDHIR MITTAL)
gsv                                                 JUDGE

Whether Speaking/Reasoned                      Yes/No
Whether Reportable                             Yes/No




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