Allahabad High Court
Aditya Vijay Sahgal @ Nutan Vijay vs Union Of India And 3 Others on 13 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:178515 Court No. - 32 Case :- WRIT - C No. - 31822 of 2024 Petitioner :- Aditya Vijay Sahgal @ Nutan Vijay Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Rakesh Kumar,Vijai Kumar Tripathi Counsel for Respondent :- A.S.G.I.,Dhananjay Awasthi,Piyush Tripathi,Prateek Rai Hon'ble Vikas Budhwar,J.
1. Heard Shri Vijai Kumar Tripathi, learned counsel for the writ petitioner and A.S.G.I. has been accepted notice on behalf of the first respondent. Shri Dhananjay Awasthi who appears for second respondent and Shri Prateek Rai, counsel for the third and fourth respondent.
2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits thus with the consent of the parties, writ petitions are being decided at the fresh stage.
3. The case of the writ petitioner is that the petitioner had passed the High School examination from CBSE Board in the year 2010 as Nutan Vijay and also passed Intermediate from U.P. Board in the year 2018 in the name of Nutan Vijay and thereafter he has filed an application for the change the name of the petitioner from Aditya Vijay Sahgal while deleting the same and incorporating the name Nutal Vijay in the said certificates. Since according to the writ petitioner, no heed was paid so the writ petitioner prefered Writ-C No.7882 of 2021 (Nutan Vijay @ Aditya Vijay v. Union of India and two others) which came to be disposed of on 03.09.2021 requiring the concerned authorities to decide the claim of the writ petitioner. According to the writ petitioner, corrections were made. As per the writ petitioner in order to pursue further studies, the writ petitioner for the Academic Session 2021-22 took admission and pursued education, B.A. (private) form Chaudhary Charan Singh University, Meerut and simultaneously for the Academic Session 2019-22, he pursued B.Sc. from the said university. The writ petitioner claims that he preferred application before the respondents for correction of the name. However, the correction was accorded for B.Sc. course but not with regard to B.A. for the year 2021-22 and the said request was sought to be rejected by virtue of the order dated 07.07.2024 of the Registrar/Assistant Registrar CCSU, District Meerut on the premise that since the writ petitioner had pursued two degrees simultaneously, thus, the request for the correction cannot be acceded too.
4. Questioning the said order, the writ petitioner has filed the present writ petition.
5. Learned counsel for the writ petitioner has sought to argue that the very premise on which the change in the name of the writ petitioner has been negated is erroneous, particularly, in view of the fact that once the two degrees was alleged to have been obtained by the writ petitioner simultaneously, are still intact, neither being cancelled nor withdrawn then in the circumstances, it is not open for the respondents to raise such an objection as once the degrees are in existence then obviously correction can be made since, as the said correction in the name of the writ petitioner was also acceded too by the CBSE and U.P. Board itself.
6. The matter was taken up pre recess and at that point of time, Shri Prateek Rai, learned counsel for the University sought time to seek instructions and on his request the matter was posted post-recess.
7. Post recess, when the matter has been taken up Shri Prateek Rai submits that as per the instructions received by him University is in the process of revisiting the entire issue thus three weeks time be accorded to do the needful.
8. Learned counsel for the writ petitioner submits that he has no objection to the same. However, he submits that whatever time fixed by the Court that should be adhered too.
9. Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off granting liberty to the writ petitioner to approach the Registrar/Assistant Registrar, Registrar Chaudhary Charan Singh University Meerut, District Meerut while filing a comprehensive representation along with self-attested copy of the writ petition and on the receipt of the same within a period of three weeks there from, the University shall pass a reasoned and speaking order. The order impugned in the present proceedings dated 07.07.2024 of the third respondent shall be subject to the further orders to be passed by the respondents.
10. Needless to point out that the Court has not adjudicated upon the merits of the case.
11. With the aforesaid observations, the writ petition stands disposed off.
Order Date :- 13.11.2024 A. Prajapati