Punjab-Haryana High Court
Prateek (Minor) Through Father ... vs Central Board Of Secondary ... on 10 April, 2023
Neutral Citation No:=2023:PHHC:047978
CWP-6926-2023 -1- 2023:PHHC:047978
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(120)
CWP-6926-2023
Date of decision: - 10.04.2023
Prateek (minor) through father
....Petitioner
Versus
Central Board of Secondary Education and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Rohit Mittal, Advocate
and Mr. Abhishek Ghangas, Advocate,
for the petitioner.
****
VIKAS BAHL, J. (ORAL)
This is a Civil Writ Petition filed under Articles 226/227 of
the Constitution of India for the issuance of appropriate writ, order or
direction especially a writ in the nature of mandamus directing the
respondents No.1 and 2 to correct the date of birth of the petitioner in
secondary school examination of 10th standard certificate held in 2022 and
issue a new amended mark sheet of the petitioner for 10th Class.
Learned counsel for the petitioner has submitted that the date
of birth of the petitioner as per the Birth Registration office Narnaul, is
19.05.2007 and the said date has also been mentioned in the Aadhar Card
(Annexure P-3), but however, on account of mistake the same was
recorded as 19.05.2005 in the Secondary School Certificate. It is further
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submitted that the entire issue with respect to changes/corrections to be
made in the certificate issued by the Central Board of Secondary
Education has been adjudicated upon by the Hon'ble Supreme Court in a
detailed judgment passed in case titled as "Jigya Yadav (minor) (through
Guardian/father Hari Singh) Vs. CBSE (Central Board of Secondary
Education) and others", and other connected matters reported as 2021(7)
SCC 535 by a three Judge Bench of the Hon'ble Supreme Court and has
prayed that the petitioner be permitted to file a representation keeping in
view the parameters laid down in the abovesaid judgment and prays that
the respondents be directed to consider the said representation and pass a
speaking order within a period of six weeks from the date the said
representation is received by the respondents.
Keeping in view the above-said facts and circumstances, the
present Civil Writ Petition is disposed of in the following terms:-
1) The petitioner is granted liberty to file a detailed
representation and annex all the documents in light of the
judgment passed by the Hon'ble Supreme Court in Jigya
Yadav (minor)'s case (Supra). Learned counsel for the
petitioner has stated that the petitioner would submit the said
representation along with certified copies of the relevant
record and would get the said representation forwarded
through the school.
2) Respondent No.1 is directed to decide the said representation
as expeditiously as possible preferably within a period of six
weeks from the date of receipt of the said representation, in
accordance with law.
Needless to mention here that it would be open to respondent
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No.1-Board to require the petitioner or the school to submit any document
which would be required for finally considering the case of the petitioner.
( VIKAS BAHL )
April 10, 2023 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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