Punjab-Haryana High Court
Ravi Kumar Gharti Magar vs Central Board Of Secondary ... on 13 April, 2023
Neutral Citation No:=2023:PHHC:051602
CWP-4764-2023 -1- 2023:PHHC:051602
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(301)
CWP-4764-2023
Date of decision: - 13.04.2023
Ravi Kumar Gharti Magar
....Petitioner
Versus
Central Board of Secondary Education and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Madhav Pokhrel, Advocate,
for the petitioner.
Mr. Naveen Chopra, Advocate,
for respondents No.1 and 2-CBSE.
Mr. Ajay Jagga, Senior Standing Counsel
with Mr. Deepak Malhotra, Advocate
for respondent No.3.
****
VIKAS BAHL, J. (ORAL)
This writ petition has been filed under Articles 226/227 of
the Constitution of India for issuance an appropriate writ, order or
direction especially in the nature of mandamus directing the respondent-
Board to make the correction in the name of the petitioner from 'Ravi
Kumar Magar' to 'Ravi Kumar Gharti Magar; name of his father from
'Yuvraj Kumar Magar' to 'Yuvraj Gharti Magar'; and the name of his
mother from 'Nirmla Ghari Magar' to 'Nirmala Gharti Magar' in the
Secondary School (10th) certificate of the petitioner dated 03.06.2017
(Annexure P-5) issued by the respondent-Board and also to make a
similar correction in the Senior School (12th) Certificate dated 02.05.2019
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(Annexure P-6).
Learned counsel for the petitioner has submitted that in the
school record, the correct name of the petitioner, his father and mother
have mentioned, whereas, in the certificate issued by the respondent-
Board, there are mistakes in the said three names. It is further submitted
that additionally the petitioner has already submitted the public document
with respect to the correct name of the petitioner and would also submit
the public document with respect to the correct name of the petitioner's
father and petitioner's mother. It is also 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.
Learned counsel appearing on behalf of respondents No.1
and 2-CBSE has stated that he has no objection to the said course of
action. It is however submitted that the petitioner be directed to deposit
the requisite fee for the said purpose and also be directed to deposit the
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original certificates i.e., 10th Class and 12th Class with the CBSE/Board.
Learned counsel appearing on behalf of respondent No.3 has
submitted that a detailed representation alongwith the documents
submitted by the petitioner would be forwarded by them to the CBSE
within a period of 10 days from the date of receipt of said representation
from the petitioner. It is further submitted that the petitioner may also
produce the originals, so that the true copies of the same can be verified.
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) The petitioner would also produce the originals of the said
documents so that the same can be verified by the school.
3) Respondent No.3-School with then forward the said
representation alongwith the said documents to the
respondent-Board within a period of 10 days from the date of
receipt of the said representation from the petitioner.
4) Respondents No.1 and 2 are 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.
5) Petitioner is directed to pay the requisite fee to the CBSE-
Board and also deposit the original certificates i.e., 10th Class
and 12th Class.
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Needless to mention here that it would be open to respondent
Nos.1 and 2-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 13, 2023 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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