Harnek Singh vs Board Of School Education Haryana ...
2023 Latest Caselaw 1827 P&H

CWP-24181-2022                                                 -1-

256
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH

                                                  CWP-24181-2022
                                                  Date of decision : 27.01.2023

Harnek Singh

                                                                        ...Petitioner

                                         Versus

Board of School Education, Haryana and others

                                                                     ...Respondents

CORAM:       HON'BLE MR. JUSTICE VIKAS BAHL

Present:     Mr. S.S. Nain, Advocate for the petitioner.

             Mr. Viresh Dahiya, Advocate for
             Mr. Deepak Balyan, Advocate for respondent No.1.

             Mr. Rajneesh Chadwal, AAG, Haryana
             for respondent Nos.2 to 4.

             ****

VIKAS BAHL, J. (ORAL)

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

Constitution of India for issuance of an appropriate writ in the nature of

mandamus directing the respondents to carry out the necessary corrections in the

mother's name of the petitioner from 'Mamta' to 'Mamta Devi' in the record of the

School as well as the marks-sheet of Class 10th & 12th (Annexures P-2 and P-3).

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

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reported as 2021(7) SCC 535 by a three Judge Bench of the Hon'ble Supreme

Court and has also submitted that the principle as laid down by the Hon'ble

Supreme Court in the abovesaid judgment would also apply to respondent No.1-

Board 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 respondent No.1-Board 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). Learned counsel for the

petitioner has stated that the petitioner would submit the said

representation along with certified copies of the school/relevant record

and would get the said representation forwarded through the school.

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.

27.01.2023                                              (VIKAS BAHL)
Pawan                                                      JUDGE


              Whether speaking/reasoned:- Yes/No

              Whether reportable:-               Yes/No




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