Rajasthan High Court
Abhinavi S/O Shri Paul Srithar vs Central Board Of Secondary ... on 24 February, 2022
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9354/2019
Abhinavi S/o Shri Paul Srithar, aged about 18 Years, R/o Plot No.
78, Scheme No. 5, Mangalvihar, Alwar, Rajasthan 301001
----Petitioner
Versus
1. Central Board of Secondary Education, New Delhi through
the Chairperson, Delhi.
2. Central Board of Secondary Education, Regional Office,
through the Regional Officer, Todermal Marg, Ajmer,
Rajasthan.
3. Shree Swaminarayan Vidyaveli Gyan Kendra, Plot No.
192, GIDC, Umbergaon, District Valsad, Gujarat.
----Respondents
For Petitioner(s) : Ms. Sara Parveen
For Respondent(s) : Mr. M.S. Raghav with
Mr. Vishwas Saini
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:-
"1. That the respondents may be directed
to do the necessary corrections in class X
documents in the name of the petitioner,
her father and her mother as follows:
(a) 'Abhinavi Yadav' to 'Abhinavi'
(b) 'P Srithar Yadav' to Paul Srithar'
(c) 'Sangeeta Yadav' to 'Sangeeta'
2. Any other appropriate order, which
may be found just and proper in the facts
and circumstances of the case, be passed
in favour of the petitioner.
(2 of 3) [CW-9354/2019]
3. Cost of the writ petition may also 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-9354/2019]
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/105
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