Rajasthan High Court - Jaipur
Arpit Sharma S/O Hari Shankar Sharma vs Central Board Of Secondary Education, ... on 24 February, 2022
Author: Sameer Jain
Bench: Sameer Jain
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 19305/2018
Arpit Sharma S/o Hari Shankar Sharma, Aged About 16 Years,
R/o Mahesh Nagar Extension-A. Jaipur Minor Through Natural
Guardian His Father Shri Hari Shankar Sharma S/o Shri Murari
Lal Sharma Age About 47 Years, R/o -19, Mahesh Nagar
Extension-A. Jaipur.
----Petitioner
Versus
1. Central Board Of Secondary Education, Shiksha Kendra-2,
Community Centre, Preet Vihar, Delhi Through Its
Secretary.
2. Regional Director, Ajmer Region Of Central Board Of
Secondary Education, Todarmal Marg, Ajmer
3. Maheshwari Public School, Sector-5, Pratap Nagar, Jaipur
Through Its Secretary.
----Respondents
For Petitioner(s) : Ms. Meenakshi Pareek For Respondent(s) : Mr. M.S. Raghav HON'BLE MR. JUSTICE SAMEER JAIN Order 24/02/2022
1. Learned counsel for the petitioner has approached this Court by invoking the provisions of Article 226 of the Constitution of India with the following prayer which is reproduced as under:-
"It is, therefore, most humbly prayed that this writ petition may be accepted and allowed and the Hon'ble Court may be pleased to direct the respondent Board of Sec. Education to make changes in the entry of the date of birth of the petitioner in its record and there by the date of birth of the petitioner may be changed from 24 th of Feb. 2000 to 24th Feb. 2002.(Downloaded on 24/12/2022 at 02:07:58 PM)
(2 of 3) [CW-19305/2018] Any other appropriate writ, order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner."
2. The petitioner submits that her prayer may be allowed in the light of Hon'ble Apex Court Judgment titled as Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) Vs. CBSE (Central Board of Secondary Education) & Ors. reported in (2021) 7 SCC 535.
3. Further learned counsel for the respondents Mr. M.S. Raghav has drawn our attention to para 195 of the said judgment which is reproduced as under:-
"195. In light of the above, in exercise of our plenary jurisdiction, we direct the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paras 193 and 194, as may be applicable, until amendment of relevant bye-laws. Additionally, the CBSE shall take immediate steps to amend its relevant bye-laws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it."
4. Looking to the fact that many petitions on concurring basis are being filed before the Hon'ble High Court qua the prayer of name change/correction or change of date of birth in the certificate/mark-sheets etc. and many state agencies are involved in the said process like Municipal Corporation, Board of Education/CBSE, Passport Office and Income Tax Department, and taking into consideration para 195 of the Apex Court judgment in Jigya Yadav (supra), this Court deems it appropriate to consider the proposal of learned counsels representing the respondents for (Downloaded on 24/12/2022 at 02:07:58 PM) (3 of 3) [CW-19305/2018] formation of a committee in the Chairmanship of Hon'ble Mr. Justice Manoj Kumar Vyas (Retired) High Court Judge having Principle Secretary, Department of Education, Government of Rajasthan; Commissioner of Income Tax, Jaipur; Regional Passport Authority, Jaipur; Commissioner Nagar Nigam; Standing counsel for CBSE; Standing counsel for Rajasthan Board; Officer of Kendriya Vidyalaya Sangathan, Jaipur; Mr. M.S. Raghav, Adv. with Mr. Vinod Kumar Gupta, Adv. and Competent Officers as the members.
5. The said committee is requested to formulate a standard of procedure for consideration and disposal of representations in a time bound manner raised by students, ex-students and other effected parties, as per standard of procedure so formulated.
6. In the instant petition also, the petitioners are directed to submit their representation, which can be considered by the respondents in the light of Hon'ble Apex Court judgment of Jigya Yadav (Minor) (supra) or in the light of standard of procedure, if formulated, within a period of two months.
7. Registrar (Judicial) and Rajasthan State Legal Services Authority, Jaipur are directed to provide all assistance to the said committee in terms of infrastructure support and administration. Learned counsel Mr. M.S. Raghav will coordinate with committee members for early formation of standard of procedure and will carry out secretarial duties as required.
8. With the aforementioned directions, the writ petition is disposed of. All pending applications also stand disposed of.
(SAMEER JAIN),J Arun/87 (Downloaded on 24/12/2022 at 02:07:58 PM) Powered by TCPDF (www.tcpdf.org)