Gujarat High Court
Chaudhari Kenvi Maheshkumar vs Shree Swaminarayan Public School on 29 January, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/1358/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1358 of 2020
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CHAUDHARI KENVI MAHESHKUMAR
Versus
SHREE SWAMINARAYAN PUBLIC SCHOOL
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Appearance:
MR MANISH J PATEL(2131) for the Petitioner(s) No. 1
MS NAMRATA R MULCHANDANI(9956) for the Petitioner(s) No. 1
MR KV SHELAT for the Respondent(s) No. 2
NOTICE SERVED BY DS(5) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 29/01/2020
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India by the minor girl child - Chaudhari Kenvi Maheshkumar, through her father, seeking direction to make necessary correction in the 10th Standard Marksheet of the minor to mention the correct name of the minor's mother.
2. The facts giving rise to the present petition are as under :-
(I) It is the case of the petitioner that the minor child studied upto 10th standard in the School run by the respondent No.1 and in the Marksheet by the respondent No.2 - CBSE, the name of the minor's mother has been shown as 'Chaudhari Neetaben', however, in all other records, the name is shown as 'Chaudhari Nitaben'. Hence, a request was made to the respondent No.1 to amend the above spelling mistake. The Page 1 of 3 Downloaded on : Fri Jan 31 00:18:18 IST 2020 C/SCA/1358/2020 ORDER said communication was forwarded by the respondent No.1 to the respondent No.2 wherein it was stated by the respondent no.1 that "as per the application received from the parents, the spelling of the mother's name is to be changed in the Marksheet of Class X and for the same process is being carried out by parents". It is further submitted that alongwith an application which was forwarded to the respondent No.2, all the documents were produced wherein the name has been shown as 'Nitaben'. (II) However, the respondent No.2 by the communication dated 21.12.2019 rejected the request of the petitioner for making correction / spelling correction in the name of her mother in the Marksheet of 10th standard and the said communication was provided to the petitioner by the respondent No.1. It is submitted that the respondent No.2 has quoted Rule 69.1(i) and (ii) which gives power to the Authority to make the change in 'Candidate's name, Mother's name and Father's name' as also 69.1(ii). However, it is submitted that without a proper interpretation of the above said Rule, the application of the petitioner has been rejected.
3. Today, Mr. Mitesh Patel, the Clerk from the respondent - School is present in the Court with the necessary documents Page 2 of 3 Downloaded on : Fri Jan 31 00:18:18 IST 2020 C/SCA/1358/2020 ORDER of the minor. It is submitted by the Mr. Mitesh Patel on behalf of the respondent School that the School has no objection to carry out the rectification as prayed for.
4. Learned Advocate Mr. K.V. Shelat appearing for the respondent No.2 has taken this Court to Rule 69.1 (ii) and 69.1 (ii) of the Central Board of Secondary Education Rules, which is annexed with the petition.
5. I have heard learned Advocates for the parties and perused the records of the case. Considering the submissions advanced and also the facts and circumstances of the case, it would be appropriate to direct the respondent No.1 - Shree Swaminarayan Public School to make the correction of the minor's mother from "Neetaben" to "Nitaben", within a period of one week from the date of receipt of writ of the order of this Court and on the basis of the same, the respondent No.2 - The Central Board of Secondary Education to carry out the rectification within a period of one month, thereafter.
6. With the aforesaid direction, this petition stands disposed of. Direct Service is permitted.
Sd/-
(A.Y. KOGJE, J) CAROLINE Page 3 of 3 Downloaded on : Fri Jan 31 00:18:18 IST 2020