Vikas v. Central Board of Secondary Education Regional Office, Todarmal Marg, Ajmer
2013-02-04
AJAY RASTOGI
body2013
DigiLaw.ai
JUDGMENT 1. - Instant petition has been filed by the petitioner seeking change in his and his father's name in the School records and corresponding change in the mark sheet issued by the Central Board of Secondary Education for Secondary School Examination 2010 and for Senior Secondary School Examination 2012 respectively. 2. As alleged in the instant petition that petitioner's name is Vikas and not Vikas Kumar, at the same time his father's name is Surendra Singh and not Surendra Kumar but their names have wrongly mentioned in the certificate of Secondary School Examination 2010 and that discrepancy further persisted in Sr. Secondary School Examination and if such corrections are not being permitted to make that will cause great injustice to the petitioner. 3. As reveals from the record that representation was made by the petitioner before the respondent-Board as evident from Annx.5 dated 17.1.2011 and enclosures in support thereto was sent by the Institute Kendriya Vidyalaya, and taking note of record, the Board was of the view that it was not possible to make change as prayed for by the petitioner and accordingly his application was rejected by the Board vide their communication dated 4.2.2011. 4. Counsel for petitioner submits that the petitioner's father is in Army and unless his & his father's name are being correctly mentioned in Secondary School Certificate as well as in Sr. Secondary School Certificate it will put the petitioner into trouble while seeking admission to higher education and if at this stage he is asked to approach the civil court that will take its own time.This Court vide order dated 17.1.2013 directed the respondent counsel to place on record the enclosures appended to Ann.5 dated 13.1.2011 before the Court for perusal. The admission form, school attendance register shows the name of petitioner as Vikas Kumar and of his father as Surendra Kumar and Surendra Singh and the marks sheets of Secondary School Examination & Sr. Secondary School Examination also indicate names of petitioner as Vikas Kumar & his father Surendra Kumar and there appears no discrepancy. 5.
The admission form, school attendance register shows the name of petitioner as Vikas Kumar and of his father as Surendra Kumar and Surendra Singh and the marks sheets of Secondary School Examination & Sr. Secondary School Examination also indicate names of petitioner as Vikas Kumar & his father Surendra Kumar and there appears no discrepancy. 5. What has been contended by the counsel for petitioner that all these are disputed questions of facts which cannot be decided by this Court in its equitable jurisdiction under Article 226 of the Constitution and after taking note of admission form, school register and transfer certificate placed for perusal at least that cannot be decided in the instant proceedings however, it will not deprive the petitioner from availing remedy provided to him under the law and it is further made clear that what is being observed in the present order may not influence the authority if the remedy provided under the law is availed by the petitioner.Consequently, the writ petition stands dismissed.Writ Petition Dismissed. *******