RAJAT AGARWAL Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) With consent heard finally.

(2.) The petition is being preferred by the petitioner who happens to be a student and seeking correction of name of his mother which due to inadvertence partly attributable to him and partly to school management whereby the name of his mother wrongly mentioned as Pooja Agarwal whereas she is Anita Agarwal. Through this writ petition under Article 226 of the Constitution of India, he is seeking a direction to the Central Board of Secondary Education to correct his mark-sheet by referring name of his mother as Smt. Anita Agarwal and issue fresh mark-sheet.

(3.) Precisely stated facts of the case are that petitioner is a regular student of respondent No.2 school and appeared in the examination of Class X i.e. Secondary School Examination (Session 2013-2015) bearing Roll No.1202188 and passed the examination. Mark-sheet has been issued by the respondent No.1/Board by referring the name of his mother as "Smt. Pooja Agarwal" instead of "Smt. Anita Agarwal", which is the wrong reference of name. Petitioner made a representation to the Board through his school (respondent No.2 herein) alongwith relevant documents to demonstrate that the name of the mother of the petitioner is Smt. Anita Agarwal. Copy of Voter Identity Card issued by the Election Commission of India, Ration Card and other relevant documents were submitted. Besides that birth certificate of the petitioner issued by the Chief Registrar, Birth and Death Registration was also sent to the Board. During the pendency of writ petition, exercise of Gazette notification dated 26.01.2018 was also undertaken. The respondent No.1-Board did not respond affirmatively. Therefore, the petition has been filed.