Rajasthan High Court
Lal Chand Meena vs Board Of Secondary Edu Andors on 24 February, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 13444/2016
Lal Chand Meena S/o Shri Motilal Meena, Village & Post Jhopdiya
Arand Khera, Tehsil Ladpura, Distt. Kota
----Petitioner
Versus
1. Board of Secondary Education, Rajasthan, Ajmer, through
its Secretary
2. Malaviya National Institute of Technology, Malaviya Nagar,
Opp. Redfox Hotel, J.L.N. Marg, Jaipur through its
Registrar.
3. District Institute of Education & Training, Rawatbhata
Road, Engineering College Campus, Kota (Raj).-324001
4. Jamia Millia Islamia, Maulana Mohammad Ali Jauhar Marg
Jamia Nagar, New Delhi, Delhi -110025, through its
authorized officer
----Respondents
For Petitioner(s) : Mr. Prem Prakash
For Respondent(s) : Mr. M.S. Raghav
Mr. Vinod Kumar Gupta
HON'BLE MR. JUSTICE SAMEER JAIN
Order
24/02/2022
1. Learned counsel for the petitioner has approached this Court
by invoking the provisions of Article 226 of the Constitution of
India with the following prayer which is reproduced as under:-
"It is, therefore, humbly prayed that your
lordships may be pleased to accept and
allow this writ petition by issuing an
appropriate writ, order or direction in the
nature thereof respondents may kindly be
directed to change the name of the
petitioner from Lalchand Meena to Vikrram
Singh Meena in the documents (Annex. 1
to 10).
Any other appropriate order or direction
which this Hon'ble Court deems just and
proper in the facts and circumstances of
this case may kindly also be passed in
favour of the petitioner.
(2 of 3) [CW-13444/2016]
Cost of the writ petition may kindly be
awarded in favour of the petitioner."
2. The petitioner submits that her prayer may be allowed in the
light of Hon'ble Apex Court Judgment titled as Jigya Yadav
(Minor) (Through Guardian/Father Hari Singh) Vs. CBSE
(Central Board of Secondary Education) & Ors. reported in
(2021) 7 SCC 535.
3. Further learned counsel for the respondents Mr. M.S. Raghav
has drawn our attention to para 195 of the said judgment which is
reproduced as under:-
"195. In light of the above, in exercise of
our plenary jurisdiction, we direct the CBSE to
process the applications for correction or
change, as the case may be, in the certificate
issued by it in the respective cases under
consideration. Even other pending applications
and future applications for such request be
processed on the same lines and in particular
the conclusion and directions recorded hitherto
in paras 193 and 194, as may be applicable,
until amendment of relevant bye-laws.
Additionally, the CBSE shall take immediate
steps to amend its relevant bye-laws so as to
incorporate the stated mechanism for recording
correction or change, as the case may be, in the
certificates already issued or to be issued by it."
4. Looking to the fact that many petitions on concurring basis
are being filed before the Hon'ble High Court qua the prayer of
name change/correction or change of date of birth in the
certificate/mark-sheets etc. and many state agencies are involved
in the said process like Municipal Corporation, Board of
Education/CBSE, Passport Office and Income Tax Department, and
taking into consideration para 195 of the Apex Court judgment in
Jigya Yadav (supra), this Court deems it appropriate to consider
the proposal of learned counsels representing the respondents for
formation of a committee in the Chairmanship of Hon'ble Mr.
Justice Manoj Kumar Vyas (Retired) High Court Judge having
(3 of 3) [CW-13444/2016]
Principle Secretary, Department of Education, Government of
Rajasthan; Commissioner of Income Tax, Jaipur; Regional
Passport Authority, Jaipur; Commissioner Nagar Nigam; Standing
counsel for CBSE; Standing counsel for Rajasthan Board; Officer of
Kendriya Vidyalaya Sangathan, Jaipur; Mr. M.S. Raghav, Adv. with
Mr. Vinod Kumar Gupta, Adv. and Competent Officers as the
members.
5. The said committee is requested to formulate a standard of
procedure for consideration and disposal of representations in a
time bound manner raised by students, ex-students and other
effected parties, as per standard of procedure so formulated.
6. In the instant petition also, the petitioners are directed to
submit their representation, which can be considered by the
respondents in the light of Hon'ble Apex Court judgment of Jigya
Yadav (Minor) (supra) or in the light of standard of procedure,
if formulated, within a period of two months.
7. Registrar (Judicial) and Rajasthan State Legal Services
Authority, Jaipur are directed to provide all assistance to the said
committee in terms of infrastructure support and administration.
Learned counsel Mr. M.S. Raghav will coordinate with committee
members for early formation of standard of procedure and will
carry out secretarial duties as required.
8. With the aforementioned directions, the writ petition is
disposed of. All pending applications also stand disposed of.
(SAMEER JAIN),J
Arun/106
Powered by TCPDF (www.tcpdf.org)
