LAWS(JHAR)-2009-2-3

PRAVIN KUMAR Vs. STATE OF JHARKHAND

Decided On February 03, 2009
PRAVIN KUMAR Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) IN this writ application the petitioner has challenged the order dated 13-12-2006 passed by the State Consumer redressal Forum, Ranchi whereby the order passed by the District Consumer Forum, garhwa was set aside.

(2.) THE petitioner's case is that he has passed his Matriculation Examination in the year 1988 under the Bihar School examination Board, Patna. He had appeared in the Board Examination from Rama Sahu arya Vedic High School, Garhwa. An admit card was allotted to the petitioner by the board for the Matriculation Examination under the Roll No. 03133 and Registration no. 0312005797087. The contention of the petitioner is that in the School Admission register, his name was recorded as Praveen kumar son of Rajendra Sao. He had passed the Matriculation Examination and on obtaining the Matriculation Certificate in the year 1988, he found that in the matriculation Certificate his name has wrongly been mentioned as Pravin Kumar Keshari son of rajendra Prasad Keshari. The petitioner at that time did not attach any great relevance in the error of his name as mentioned in the matriculation Certificate since in spite of the incorrect name he could pursue his higher education and had passed his Intermediate, graduation and LL. B. examinations on the basis of the School Leaving Certificate. It was when the petitioner wanted to enroll himself as a member of Bar Council of India and the High Court Bar Council that the error in his name in the Board Certificate was pointed out. The petitioner had therefore wanted correction of his name in the certificate issued to him by the Board and applied to the District Education Officer, Garhwa for forwarding his application to the Board for making the necessary correction. The district Education Officer sent a requisition to the school concerned for obtaining the school Admission Register but the same was not made available by the school authorities to him. Consequently the District education Officer rejected the petitioner's application on the ground that in absence of requisite documents including the School admission Register, no order for forwarding of petitioner's application can be passed. The petitioner thereafter approached the district Consumer Forum, Garhwa with a prayer for a direction to the District education Officer to forward his application to the bihar School Examination Board. The district Consumer Forum allowed his prayer giving a direction to the District Education officer to forward the petitioner's application and had also imposed a fine of rs. 10,000/- upon the District Education Officer. The District Education Officer challenged the order of the District Forum before the state Consumer Redressal Forum, Ranchi. By the impugned order, the State Consumer redressal Forum set aside the order of the district Consumer Forum. Against this order of the State Consumer Redressal Forum, the petitioner has filed the present writ application.

(3.) LEARNED counsel for the petitioner submits that the petitioner has been illegally deprived of his right to claim correction of his name in the certificate issued by the board and as a result thereof, the petitioner is being deprived of obtaining his enrollment at the Bar.