Raj Kumar vs Punjab School Education Board ...
2023 Latest Caselaw 11955 P&H

                                                         Neutral Citation No:=2023:PHHC:100717




CWP-200-2023                     -1-                  2023:PHHC:100717


            IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH
(229)
                                 CWP-200-2023
                                 Date of decision: - 04.08.2023
Raj Kumar
                                                                   ....Petitioner

                                   Versus

Punjab School Education Board Mohali and others

                                                                .....Respondents

CORAM : HON'BLE MR. JUSTICE VIKAS BAHL


Present:-     Mr. D.S. Patwalia, Senior Advocate
              with Mr. Gaurav Rana, Advocate
              for the petitioner.

              Mr. Anupam Singla, Advocate
              for respondent Nos.1 and 2.

                   ****
VIKAS BAHL, J. (ORAL)

1. This writ petition has been filed under Articles 226/227 of

the Constitution of India for issuance of an appropriate writ, order or

direction especially in the nature of certiorari for quashing the order

dated 28.03.2022 (Annexure P-10) whereby respondent No.2 has

dismissed the application of the petitioner seeking correction of his date

of birth from 06.12.1965 to 06.12.1968 in his 10th Class Matriculation

Certificate, with a further prayer to quash the order dated 29.11.2022

(Annexure P-14) whereby appeal of the petitioner against the order dated

28.03.2022 (P-10) has also been dismissed.

2. Learned Senior counsel for the petitioner has submitted that

the entire issue with respect to changes/corrections to be made in the

1 of 3

Neutral Citation No:=2023:PHHC:100717

CWP-200-2023 -2- 2023:PHHC:100717

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 submitted that

the parameters laid down in the said judgment would also apply to

respondent No.1-Board. It is further submitted that since the impugned

orders (Annexures P-10 and P-14) in the present case were passed after

the passing of the said judgment, but the law laid down in the same has

not been taken into consideration while passing the said orders, thus, the

same deserve to be set aside and the matter needs to be reconsidered and

prays that the petitioner be permitted to file a representation keeping in

view the parameters laid down in the abovesaid judgment and further

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 respondents No.1

and 2 have stated that they have no objection to the said course of action.

4. Keeping in view the above-said facts and circumstances, the

impugned order dated 28.03.2022 and dated 29.11.2022 (Annexures P-10

and P-14), vide which the claim of the petitioner has been rejected, are set

aside and the present Civil Writ Petition is disposed of in the following

terms:-

1) The petitioner is granted liberty to file a detailed

2 of 3

Neutral Citation No:=2023:PHHC:100717

CWP-200-2023 -3- 2023:PHHC:100717

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-Board 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.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 )
August 04, 2023                                              JUDGE
naresh.k

            Whether reasoned/speaking?         Yes/No
            Whether reportable?                Yes/No




                                                        Neutral Citation No:=2023:PHHC:100717

                                      3 of 3