Punjab-Haryana High Court
Bhawna Singhmar vs Central Board Of Secondary Education ... on 14 December, 2023
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2023:PHHC:160296
CWP-28030-2023 1 2023:PHHC:160296
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
***
CWP-28030-2023
Date of decision : 14.12.2023
Bhawna Singhmar
... Petitioner
Versus
Central Board of Secondary Education and another
... Respondents
CORAM: HON'BLE MR. JUSTICE VIKAS BAHL
Present: Mr.Sandeep Kumar Yadav, Advocate
for the petitioner.
VIKAS BAHL, J.(ORAL)
1. This is a civil writ petition filed under Article 226/227 of the
Constitution of India for issuance of a writ in the nature of certiorari for
setting aside the letter / reply dated 07.06.2023 (Annexure P-7) wherein it
has been informed that the request application for correction in the date of
birth of the petitioner in the Secondary School Examination certificate has
been rejected by the competent authority.
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
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
representation keeping in view the parameters laid down in the abovesaid
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judgment and prays that respondent no.1-Board 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 respondent no.1-
Board. It is further submitted that a perusal of letter dated 07.06.2023
(Annexure P-7) would show that the same is cryptic and non-speaking and
no reason has been given for rejecting the prayer of the petitioner and the
law laid down in Jigya Yadav (supra) by the Hon'ble Supreme Court has
not been considered in the same. It is prayed that thus, the said letter be set
aside and the matter be reconsidered by respondent no.1-Board.
3. This Court has considered the submissions made by learned
counsel for the petitioner and found that impugned letter dated 07.06.2023
(Annexure P-7) is cryptic and non-speaking and no reason has been given
for rejecting the prayer of the petitioner and even the law laid down in
Jigya Yadav (supra) by the Hon'ble Supreme Court has not been considered
in the same.
4. Keeping in view the abovesaid facts and circumstances, the
impugned letter dated 07.06.2023 is set aside and the present 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) The respondent no.1-Board is directed to decide the said
representation as expeditiously as possible preferably within a
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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 the
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)
JUDGE
December 14, 2023.
Davinder Kumar
Whether speaking / reasoned Yes/No
Whether reportable Yes/No
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