VIVEK SHARMA Vs. RAJASTHAN BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) INSTANT petition has been filed by the petitioner -student who appeared in the Secondary School Examination, conducted by the Board of Secondary Education, claiming changes in the name of his mother and date of birth, recorded in the certificate of Secondary School Examination which was declined by the Board vide their communication made to the Institution, impugned herein dt. 10th June, 2011 (Ann. 14). It has been alleged in the writ petition that petitioner's father is a Government servant and has nominated his mother Sunita Sharma in the State Insurance Policy and in all of his service record. The petitioner and his younger brother Vishal, both joined Keshav Vidhya Mandir Senior Secondary School, Hindaun City, District Karauli but the discrepancy revealed prior to the petitioner appeared in the Secondary School Examination, as such, his father approached the Principal of the Institution who after examining the school records sent a letter dt. 6th December, 2010 to the District Education Officer for carrying out necessary correction in the name of mother and date of birth of the petitioner. In reference thereof, the District Education Officer vide his letter dt. 28th December, 2010 granted approval to change the name of mother and date of birth of the petitioner. The Principal of the Institution, after the receipt of the said approval made appropriate correction in the name of petitioner's mother Smt. Sunita Sharma in place of Smt. Madhu and also corrected the year of date of birth from 1998 to 1995, as evident from Annexure -9, the certificate issued for qualifying 8th Board Pattern Examination, 2009. It is further mentioned that it was not the petitioner alone but since there was alike discrepancy in the name of mother and date of birth of his younger brother who too was from the same school, appropriate corrections in the name of his mother and date of birth was made in the certificates issued to him in qualifying 8th Board Pattern Examination. The xerox copy of the certificates of petitioner & his younger brother Vishal Sharma for qualifying 8th Board Pattern Examination are placed on record as Annexures -9 & 10 respectively.

(2.) AFTER the corrections were made in the school records as also in the 8th Board Pattern Examinations under the directions of the District Education Officer vide their order dt. 28th December, 2010 (Ann. 5), the Principal of Institution vide his letter dt. 3rd March, 2011 requested the Secretary, Board of Secondary Education for giving effect to the necessary corrections in the name of mother and date of birth of the petitioner, as mentioned by him in his letter along with a list of 36 students who also needed certain necessary corrections. In reference thereof, the Board of Secondary Education sent its communication dt. 2nd May, 2011 that the amendment, as desired, and the photograph has not been countersigned by DIET and it would be possible to consider such corrections only after the documents are countersigned and as per the letter of the Board dt. 2nd May, 2011, Institution made compliance and after being duly countersigned sent the documents to the Secondary Board of Education.

(3.) THE petitioner being directly affected by the communication sent by the Board, sent a legal notice through his counsel dt. 14 July, 2011 and thereafter approached this court by way of instant petition.