YADVI SHARMA Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This writ petition has been filed by Yadvi Sharma, a student, who passed her Secondary School Examination from respondent No. 1­Central Board of Secondary Education (for short 'the Board') in the year 2019 as a regular student of Rainbow International School, Nagrota Bagwan, District Kangra, with a prayer that order, dtd. 3/5/2021 (Annexure P­14) issued by respondent No. 1­Board, rejecting the prayer of the petitioner seeking the correction of name of her mother from 'Sangeeta' to 'Sangeeta Sharma', be quashed and set aside and the Board may be directed to carry out change in the name of mother of the petitioner in her Marks Statement­cum­Certificate of Secondary School Examination, March 2019.

(2.) The learned counsel for the petitioner, at the outset, has cited a recent judgment of the Hon'ble Supreme Court in Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) versus Central Board of Secondary Education and others, reported in 2021 7 Supreme Court Cases 535, and in particular, para 37 of the judgment, where a similar request made by a student­Ishita Khandelwal in the Rajasthan High Court was granted, directing the change of the name of her mother from 'Seema Manak' to 'Sanyogeta Manak' and the Letters Patent Appeal filed by the Board was dismissed by the Rajasthan High Court in CBSE versus Ishita Khandelwal, reported in 2019 SCC OnLine Raj 7789. It is argued that the Hon'ble Supreme Court has upheld the aforesaid decision of the Rajasthan High Court and issued certain directions, in para 194 of the judgment as to the manner in which necessary corrections are required to be made.

(3.) Learned counsel for respondent No. 1­Board has opposed the prayer and submitted that the petitioner approached the Board and the application of the petitioner was rejected by the Board prior to the judgment of the Hon'ble Supreme Court in Jigya Yadav's case (supra), therefore, she may be required to again approach the Board with a fresh representation.