Kanta Devi vs State Of Punjab And Others
2023 Latest Caselaw 4815 P&H

                                                      Neutral Citation No:=2023:PHHC:055059




CWP-8127-2023                        [1]                       2023:PHHC:055059



115
      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                                  CWP-8127-2023
                                                  Date of decision : 20.04.2023

Kanta Devi

                                                                          ...Petitioner

                                         Versus

State of Punjab and others

                                                                      ...Respondents

CORAM: HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. Saroj Malakar, Advocate for the petitioner.

             Mr. Ferry Sofat, Addl. A.G. Punjab
             for respondent No.1.

             Ms. Gagandeep Kaur Sekhon, Advocate for
             Mr. Ranjit Singh Kalra, Advocate for respondent No.2.

             ****


VIKAS BAHL, J. (ORAL)

1. This is a Civil Writ Petition filed under Articles 226/227 of the

Constitution of India for issuance of a writ in the nature of certiorari and

mandamus to quash the letter dated 04.04.2023 (Annexure P-11) whereby

representation dated 16.03.2023 (Annexure P-10) for making correction in

the date of birth of the petitioner in the matriculation examination certificate

(Annexure P-3) was rejected.

2. Learned counsel for the petitioner has 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

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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 the parameters laid down in the abovesaid judgment

would also apply to the Punjab Education Board and has prayed that the

petitioner be permitted to file 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. It is further contended that although the order/letter dated

04.04.2023 (Annexure P-11) has been passed after the judgment passed in

Jigya Yadav (minor)'s case (Supra) but has not taken into consideration the

law laid down in the said judgment and thus, the said order deserves to be

set aside.

3. Learned counsel appearing on behalf of respondent No.2 has

stated that they have no objection to the said course of action.

4. Keeping in view the abovesaid facts and circumstances, the

order dated 04.04.2023 (Annexure P-11) is set aside and the present Civil

Writ Petition is disposed of in the following terms:-

a) 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

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relevant record and would get the said representation forwarded

through the school.

b) The respondent No.2 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.

5. Needless to mention here that it would be open to respondent

No.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.

6. All the pending miscellaneous applications, if any, shall stand

disposed of in view of the abovesaid order.

20.04.2023                                              (VIKAS BAHL)
Pawan                                                      JUDGE


               Whether speaking/reasoned:-              Yes/No

               Whether reportable:-                     Yes/No




                                                      Neutral Citation No:=2023:PHHC:055059

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