Ashu vs Central Board Of Secondary ...
2023 Latest Caselaw 1328 P&H

CWP-14317-2016 (O&M)                                                   -1-

209
        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

                                                  CWP-14317-2016 (O&M)
                                                  Date of decision : 20.01.2023

Ashu

                                                                             ...Petitioner

                                         Versus

Central Board Secondary Education and others

                                                                       ...Respondents

CORAM:        HON'BLE MR. JUSTICE VIKAS BAHL

Present:      Ms. Pooja Chhabra, Advocate for
              Mr. Rahul Deswal, Advocate for the petitioner.

              Mr. Mukesh Tomar, Advocate for
              Mr. Nitin Kant Setia, Advocate for respondent Nos.1 and 2.

              ****

VIKAS BAHL, J. (ORAL)

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

Constitution of India for issuance of a writ, order or direction especially in the

nature of mandamus directing respondent-CBSE to rectify/correct the name of

father of the petitioner from Sher Singh to Chuhad Singh and date of birth of

the petitioner from 13.08.1996 to 29.08.1995 in Result Grade Sheet cum

Certificate of Performance dated 24.05.2012 in the Secondary School

Examination (Sessions 2010-12) (Annexure P-2) being Registration

No.C/SE/12/03901/00049 and Roll No.2156663.

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

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CWP-14317-2016 (O&M) -2-

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 four weeks from the date the said

representation is received by the respondents.

Learned counsel appearing on behalf of CBSE has stated that they

have no objection to the said course of action.

Keeping in view the abovesaid 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).

2) The respondents are directed to decide the said representation as

expeditiously as possible preferably within a period of four weeks from

the date of receipt of the said representation, in accordance with law.

All the pending miscellaneous applications, if any, shall stand

disposed of in view of the abovesaid order.

20.01.2023                                             (VIKAS BAHL)
Pawan                                                     JUDGE

              Whether speaking/reasoned:- Yes/No

              Whether reportable:-              Yes/No




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