Dr. Cheena Vaishnav vs State Of Rajasthan
2022 Latest Caselaw 1247 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1015/2022

Dr. Cheena Vaishnav D/o Shri Sohan Lal Vaishnav, Aged About 26 Years, R/o G-186 Subhash Nagar Extension, Bhilwara.

----Petitioner Versus

1. State Of Rajasthan, Through Secretary, Department Of School Education, Government Of Rajasthan, Secretariat, Jaipur.

2. The Secretary, Central Board Of Secondary Education, Todar Mal Marg Ajmer, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ramsukh Mali for Mr. Shreedhar Purohit through V.C.

For Respondent(s) : Mr. Anil Kumar Khatri through V.C.

JUSTICE DINESH MEHTA

Order

27/01/2022

1. Learned counsel for the petitioner submits that the issue

involved in the present writ petition is squarely covered by the

judgment dated 03.06.2021, passed by Hon'ble the Supreme

Court in the case of Jigya Yadav (Minor) (Through

Guardian/Father Hari Singh) Vs. C.B.S.E. (Cnetral Board of

Secondary Education) & Ors. in Civil Appeal No.3905/2011.

2. He submits that in light of the judgment of Jigya Yadav

(supra), the respondent - C.B.S.E. is supposed to correct

petitioner's date of birth in its record.

3. Mr. Khatri, learned counsel for the respondents is not in a

position to dispute the aforesaid position of facts and law.

(2 of 2) [CW-1015/2022]

4. The writ petition is disposed of with a direction to the

petitioner to file a fresh application for change/correction in

petitioner's date of birth alongwith all requisite documents as

required by Hon'ble the Supreme Court in the judgment of Jigya

Yadav (supra).

5. In case, application is filed with requisite fees and documents

within a period of three weeks from today, the Central Board of

Secondary Education shall consider the same in accordance with

law, particularly in light of the judgment passed by Hon'ble the

Supreme Court rendered in the case of Jigya Yadav (supra) and do

the needful within a period of eight weeks of receiving the

application.

6. The writ petition stands disposed of accordingly.

(DINESH MEHTA),J 30-Ramesh/-

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