Punjab-Haryana High Court
Shubham (Minor) vs Central Board Of School Education ... on 25 April, 2023
Neutral Citation No:=2023:PHHC:058630
CWP-20780-2021 -1- 2023:PHHC:058630
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(255)
CWP-20780-2021
Date of decision: - 25.04.2023
Shubham (minor) through his father Ravinder Kumar
....Petitioner
Versus
Central Board of Secondary Education and others
.....Respondents
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Harinder Singh Sandhu, Advocate
for the petitioner.
Mr. Kannan Malik, Advocate
for respondent No.1-Board.
****
VIKAS BAHL, J. (ORAL)
1. This writ petition has been filed under Articles 226/227 of
the Constitution of India for issuance of directions to the respondents to
make the necessary change in the name of father of the petitioner in
matriculation certificate from "Ravinder Arora" to "Ravinder Kumar".
2. Learned counsel for the petitioner has submitted that since in
the birth certificate, name of the father of the petitioner is mentioned as
"Ravinder Arora urf Ravinder Kumar", thus, he would pray that even in
the matriculation certificate the name be mentioned as "Ravinder Arora
urf Ravinder Kumar" and 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
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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.
3. Learned counsel appearing on behalf of respondent No.1-
Board has submitted that earlier prayer was made by the petitioner to
change name of his father from "Ravinder Arora" to "Ravinder Kumar"
and the new prayer made at this stage by the petitioner has not been
considered till date and in case the petitioner makes any such
representation, the same would be considered in accordance with law.
4. Keeping in view the above-said facts and circumstances, the
present Civil Writ Petition is disposed of in the following terms:-
i) 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.
ii) 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
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accordance with law.
5. Needless to mention here that it would be open to respondent
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 25, 2023 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
Neutral Citation No:=2023:PHHC:058630
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