TARANNUM NASEEM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri H.N. Pandey for the respondents 2 and 3.

(2.) By the instant petition, the petitioner has prayed for quashing of the order dated 29.05.2013 passed by the Section Officer (Certificate Department) of the Central Board of Secondary Education, Regional Office by which the application of the petitioner to correct her father's name in the certificate of All India Secondary School Examination, 1997 and All India Senior School Certificate Examination, 2000, has been rejected on the ground that it was applied more than ten years after the date of declaration of result.

(3.) The case of the petitioner is that her biological father/natural father was late Abdul Haneef, who died on 04.06.1983. It is her case that Mirza Mateen Beg as a distant relative of the petitioner and on account of the said demise of her natural father, supported the family as a result, the name of Mirza Mateen Beg was entered as petitioner's father in the school records, which got reflected in the certificates issued by the Board for the examinations of the year 1997 and 2000. It is the case of the petitioner that the petitioner's mother was late Nahid Aara and that in a certificate disclosing the heirs of Smt. Nahid Aara, issued by the Up Zila Adhikari (Sadar), Bareilly, the name of Smt. Nahid Aara is shown as widow of late Abdul Haneef and the name of the petitioner (Tarannum Naseem) finds mention as an unmarried daughter of Smt. Nahid Aara. It has further been submitted that the petitioner had applied to the Court of Civil Judge (Jr. Div.), Bareilly, vide Misc. Case No. 171 of 2012, for grant of succession certificate in respect of the estate of late Smt. Nahid Aara and the said Court was pleased to grant such certificate in favour of the petitioner. It has, accordingly, been submitted that from the evidence on record it is established that the petitioner is daughter of Smt Nahid Aara, who is the widow of late Abdul Haneef, therefore, it is proved that the petitioner is the daughter of Abdul Haneef. It has further been submitted that the application for correction of the father's name in the certificate should not have been rejected on ground of limitation as that ground is available only in matters where change of date of birth is sought. In that regard reliance has been placed on a Division Bench decision of this Court in the case of Anand Singh v. U.P. Board of Secondary Education and others, 2014 3 ADJ 443 where, on interpretation of Regulation 7 of the Regulations framed under the U.P. Intermediate Education Act, this Court came to a conclusion that there is no limitation for seeking correction of parent's name in a certificate issued by the Board of High School and Intermediate, when it is demonstrated that there is a mistake caused due to a clerical error or typographical error.