Rabiur Rahman V. Union of India and Central Board of Secondary Education and Vivekananda Kendriya Vidyalaya

WP(C)/6993/2019

AI Insights

Rabiur Rahman, the petitioner, filed a writ petition under Article 226 of the Constitution of India, seeking correction of the spellings of his father's and mother's names on his CBSE Admission Card and Mark-sheet for the 2015 examination. Initially, the names were correctly spelled in the Admission Card issued when he was a student at Indira Gandhi Memorial High School, Dum Dum, Kolkata. However, upon transferring to Vivekananda Kendra Vidyalaya, Golaghat, and reissuance of the Admission Card, the spellings were altered. The petitioner provided evidence from Aadhar and PAN cards to support his claim of the correct spellings. The CBSE, represented by the standing counsel, argued that the petitioner had initially provided the incorrect spellings. The court, after considering the documents and arguments, ordered the CBSE to issue corrected documents.

• Counselvise Citation: [2021] 140 COUNSELVISE.COM (IT) 800634 (HC-MISC)
• Appeal Type: Others
• Pronouncement Date: 01-12-2021
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: ASSTT S G I
• Assessee Lawyers: N Z AHMED
• Keywords: Spelling correction; Admission Card; Mark-sheet; CBSE Examination

Judgement Text

"Page No.# 1/4 GAHC010151282019 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6993/2019 RABIUR RAHMAN S/O REJUAR RAHMAN, A PERMANENT RESIDENT OF UTTARPARA, MASUNDI, P.O. MASUNDI, P.S. BHARATPUR, DIST. MURSHIDABAD, WEST BANGAL, PIN-742301 AND PRESENTLY RESIDING AT SANTIPUR, GOLAGHAT, P.O. GOLAGHAT, DIST. GOLAGHAT, ASSAM VERSUS UNION OF INDIA AND 2 ORS. REP.BY THE SECRETARY TO THE DEPTT. OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI-110001 2:THE CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE AT SHILPOGRAM ROAD NEAR SANKAR DEV KALASHETRA PANJABARI PO PANJABARI GUWAHATI ASSAM PIN-781037 3:THE PRINCIPAL VIVEKANANDA KENDRIYA VIDYALAYA MISSION ROAD P.O. GOLAGHAT PS. GOLAGAHT ASSAM PIN-78562 Advocate for the Petitioner : MR. N Z AHMED Advocate for the Respondent : ASSTT.S.G.I. Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA ORDER Date : 01.12.2021 Heard Ms. A. Begum, learned counsel for the petitioner. Also heard Mrs. R. Borah, learned standing counsel for the respondent no.2. None appears on call for the respondent no.1. 2. It is observed from the order dated 02.03.2021 that while restoring this writ petition, the issuance of notice on respondent no.3 was dispensed with. 3. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a direction upon the respondent authorities to correct the spelling of the name of father and mother of the petitioner in the Admission Card as well as in the Mark-sheet of the CBSE Examination, 2015. It is projected by referring to the CBSC Admission Card of the petitioner bearing Roll No.6632713, School No. 08467, Centre No.6241 (Annexure-2 of the writ petition) that the name of the father and mother of the petitioner was correctly referred there. It is projected that at that point of time, the petitioner was a student of Indira Gandhi Memorial High School, Dum Dum, Kolkata and on change of school to Vivekananda Kendra Vidyalaya, Golaghat, a fresh Admission Card was issued by the CBSE in respect of the petitioner bearing Roll No.3134337, School No. 05081, Centre No.3163 (Annexure-3 of the writ petition), wherein the spelling of the name of the father of the petitioner was altered to ”Rezaur Rahaman” instead of “Rejaur Rahman” and the name of the mother was altered to “Razia Rahaman” instead of “Rajia Khatun”. The Page No.# 3/4 petitioner also refers to the correct name of the father and mother of the petitioner by referring to the Aadhar Card and of the father and the income tax PAN Card in respect of the mother. 4. The learned standing counsel for the respondent no.2 has referred to Annexure-I of the affidavit-in-opposition to project that the petitioner himself had furnished the spelling of the name of the father as Rezaur Rahaman and the name of the mother Rezia Rahaman, which bears a signature of the petitioner and therefore, the CBSE is not in fault in entering the said particulars in CBSE Admission Card and Mark-sheet. 5. From the above, it appears that the petitioner only seeks correction of the spelling of the name of his father and mother in the Admission Card and in Mark-sheet in respect of CBSE Examination, 2015. 6. 22 Having noted that the correct spelling of the name of the father and mother of the petitioner is available in the CBSE Admission Card bearing Roll No. 6632713 as mentioned hereinbefore, the respondent no.2 would not suffer any prejudice by issuance of fresh Admission Card and Mark-sheet. 7. Accordingly, the respondent no.2 shall issue a fresh Admission Card and Mark-sheet in respect of the petitioner in CBSC Examination, 2015 so that the petitioner does not suffer consequences in future for having any incorrect spelling of the name of his father and mother appearing in CBSE Admission Card and Mark-sheet. 8. It is made clear that it would be open to the CBSE to issue appropriate direction to the petitioner regarding the procedure to be adopted and/ or Page No.# 4/4 compliances to be made before the corrections are made and incorporated in the CBSE Admission Card and Mark-sheet. 9. At this stage, the learned standing counsel for the respondent no.2 submits that the CBSE can only make necessary corrections after the appropriate documents are received from the school authorities. Accordingly, the petitioner shall do the needful to send the appropriate instruction to the respondent no.2 through the respondent no.3 school along with a certified copy of this order for correction of the name of his father and mother in the Admission Card and Mark-sheet in respect of the CBSE Examination, 2015. On receipt of documents from the respondent no.3 school, the respondent no.2 shall do the needful within a period of 4 (four) weeks from the date of receipt of documents. 10. Writ petition stands disposed of. JUDGE Comparing Assistant "