Yogesh Jangid S/O Shri Ramesh ... vs Secretary, Board Of Secondary
2022 Latest Caselaw 6163 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 18361/2019

Yogesh Jangid S/o Shri Ramesh Sharma, Aged 20 Years, R/o
Masuda Road, Beawar, District Ajmer (Rajasthan)
                                                                      ----Petitioner
                                       Versus
1.       Secretary, Board Of Secondary, Education, Rajasthan,
         Ajmer (Raj.)
2.       Chairman, Board Of Secondary Education, Rajasthan,
         Ajmer (Raj.)
3.       Principal, G B International ACA Senior Secondary School,
         Mandawar Road, Mahwa, (Dausa)
4.       Principal, Govt. Patel Senior Secondary School, Beawar
         District Ajmer.
                                                                   ----Respondents

For Petitioner(s) : Mr. Dharmendra Joshi, Adv. For Respondent(s) : Mr. Deepak Bishnoi, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

14/09/2022

This writ petition has been filed by the petitioner for seeking

a direction against the Board of Secondary Education, Rajasthan,

Ajmer to change name of the petitioner as ;ksxs"k tkafxM (Yogesh Jangid) instead of Yogesh Jangir.

The petitioner has also prayed that name of his father may

also be corrected as jes"k "kekZ (Ramesh Sharma) instead of

Rajendra Kumar Jangir and her mother's name be also shown as

lquhrk "kekZ (Sunita Sharma) instead of Sunita Jangir.

Learned counsel for the petitioner submitted that the

petitioner has passed his 10th & 12th Class from Rajasthan Board of

(2 of 5) [CW-18361/2019]

Secondary Education and the mark sheet issued by the

respondent-Board of Secondary Education, Rajasthan for

Secondary Examination, 2012 and the Senior Secondary

Examination, 2014, reflected erroneously, name of the petitioner

as Yogesh Kumar Jangir, her mother's name as Sunita Jangir and

father's name as Rajendra Kumar Jangir.

Learned counsel submitted that real name of father of the

petitioner is Ramesh Sharma and the same fact is reflected in

different documents and as such, Aadhar Card of father of the

petitioner has also been filed along with the writ petition.

Learned counsel submitted that the real name of mother of

the petitioner is Sunita Sharma and the same fact is proved from

Aadhar Card of his mother and copy thereof has been filed along

with the writ petition.

Learned counsel submitted that even the family ration card

of father and mother of the petitioner shows their names as

Ramesh Sharma & Sunita Sharma, respectively.

Learned counsel submitted that the petitioner had

approached the respondent-Secretary, Board of Secondary

Education to make necessary changes in the mark sheet, however,

the respondents have refused to make the changes and the

petitioner was directed to either seek declaration from the Court

or to get an order of Gazette Notification published.

Learned counsel submitted that Gazette Notification has also

been published in Official Gazette dated 07.06.2018, bearing

S.No.4188, S.No.4186 and S.No.4187 dated 15.03.2018, have

been published where requisite changes have been made in the

Official Gazette in respect of name of the petitioner as Yogesh

(3 of 5) [CW-18361/2019]

Jangid, name of father of the petitioner as Ramesh Sharma and

name of mother of the petitioner as Sunita Sharma.

Learned counsel submitted that the denial of correct

particulars in the mark sheet issued by the respondents is not

justified and in fact runs contrary to the settled proposition of law

as has been decided by this Court in catena of cases.

Learned counsel refers to the orders passed by Coordinate

Benches of this Court in S.B. Civil Writ Petition No.965/2017-

Mangal Singh Vs. Secretary, Board of Secondary Education,

Rajasthan, Ajmer; S.B. Civil Writ Petition No.12903/2011-Vivek

Sharma Vs. Rajasthan Board of Secondary Education & Anr.; S.B.

Civil Writ Petition No.14349/2019-Tanuj Agarwal Vs. The Central

Board of Secondary Education and S.B. Civil Writ Petition

No.6513/2019-Khushboo Vs. The Regional Officer, Central Board

of Secondary Education & Ors.

Learned counsel on the strength of the said judgments,

submitted that suitable direction may be given to the respondents

to show correct name of the petitioner and correct name of

parents of the petitioner.

Learned counsel appearing for the respondent Board-Mr.

Deepak Bishnoi, submitted that the prayer of the petitioner may

not be granted by this Court and the Board of Secondary,

Education, Ajmer has issued instructions from time to time

enabling the candidates to get rectification in respect of particulars

entered in their mark sheet, etc. and as such, the Board of

Secondary, Education has issued order dated 26.02.2021 and any

candidate, who is desirous to get correct particulars entered in the

documents, need to follow the same procedure and as such, the

petitioner has directly approached this Court without submitting

(4 of 5) [CW-18361/2019]

any application before the Board of Secondary Education, Ajmer

and as such, prayer sought in the writ petition may not be

granted.

I have heard the submissions made by learned counsel for

the parties and perused the material on record.

This Court finds that the Apex Court in the case of Jigya

Yadav (Minor) through Guardian/Father Hari Singh Vs.

C.B.S.E. (Central Board of Secondary Education & Ors.),

reported in (2021) 7 SCC 535, has already dealt with the issue

with regard to the change of particulars in the documents issued

by different Boards/Central Board of Secondary Education.

This Court finds that the Apex Court has observed that the

public documents which are in favour of any individual will have

relevance for considering for change of certificate issued by

different Boards/Authorities and as such, sufficient proof is

required to be placed.

This Court finds that the petitioner has produced Gazette

Notification issued in Official Gazette of Rajasthan, further the

Aadhar Card has also been issued in favour of parents of the

petitioner showing their names and as such, these documents are

vital documents which are required to be considered by the Board

of Secondary Education for making necessary corrections in the

particulars in the certificates/mark sheets, issued in favour of the

petitioner.

This Court also finds that the Co-ordinate Benches of this

Court have taken the view that if sufficient documents are

available with the candidate then the Board cannot take a plea of

entertaining the application beyond period of five years and as

such, directions have been issued from time to time.

(5 of 5) [CW-18361/2019]

The submissions of learned counsel for the respondent that

the instructions have been issued by the respondent-Board and

the same is required to be followed, suffice it to say by this Court,

that if the petitioner is in possession of a public document and he

has got the Gazette Notification published, then in such a situation

the respondent-Board can consider the request of the petitioner

for making necessary corrections.

This Court accordingly, disposes of the writ petition by

permitting the petitioner to file all the documents available with

him for showing the correct particulars/name of his parents i.e.

jes"k "kekZ (Ramesh Sharma) & lquhrk "kekZ (Sunita Sharma) as well

as his own name correctly been shown as ;ksxs"k tkafxM (Yogesh Jangid) and if such documents are placed before the respondent-

Board, the respondent-Board after examining the same may pass

appropriate orders for making necessary corrections in respect of

name of the petitioner and his parents name correctly shown. If

petitioner submits such application within a period of two weeks,

the respondent-Board may take decision in respect of said

application within a period of four weeks thereafter.

The present writ petition stands disposed of.

(ASHOK KUMAR GAUR),J

Ramesh Vaishnav/86/Bhavnesh Kumawat

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