Lemuel Pravin v. The Central Board of Secondary Education and 5 Ors

ORDER 09-06-2023

Heard Mr. N.K. Murry, learned counsel for the petitioner. Also heard Ms. R. Bora, learned standing counsel representing the CBSE. Page No.# 3/4

The petitioner, namely, Sri Lemuel Pravin, passed the Central Board of Secondary Education (CBSE) from Livingstone Foundation Higher Secondary School, Dimapur, Nagaland, in the year 2018, under Roll No. 3148737. The said examination was conducted by the CBSE wherein, in the Admission Card, the names of the petitioner, his mother and his father are indicated as Lemuel, Nukshitola and D Ankash Praveen respectively. The same names are also reflected in the marks statement of the CBSE and also in the Transfer Certificate issued by the Livingstone Foundation Higher Secondary School, Dimapur, Nagaland. It is the case of the petitioner that his name should have been reflected as Lemuel Pravin. The public documents relating to the petitioner, the mother of the petitioner and the father of the petitioner indicate the correct name as Lemuel Pravin, Nukshitola Pravin and Ankash Pravin respectively. Accordingly, the father of the petitioner made an application on 13-06-2018 before the Principal of Livingstone Foundation Higher Secondary School, Dimapur, Nagaland, for rectification/correction of the petitioner's name as well as the name of the parents in the Admit Card, Mark sheet and in the Transfer Certificate pertaining to the petitioner. After the petitioner attained majority, he also made an application before the Controller of Examination, Central Board of Secondary Education, Guwahati, Kamrup

(M), Assam, praying for rectification/correction of his name as well as that of his parents in his Admit Card, Mark Sheet and Transfer Certificate. The petitioner also made a paper publication in the Times of India on 30-05-2022 with regard to the correction of his name, the names of his mother and father. The same was also gazetted in the Gazette of India from Saturday July 9 – July 15, 2022. However, till date, since no rectification/correction has been made with regard to the name of the petitioner, his mother and his father, the petitioner is before this Court by way of present writ petition. Page No.# 4/4 Ms. R. Bora, learned standing counsel of CBSE relying on the case of Jigya Yadav (Minor)(through guardian/father Hari Singh) vs. C.B.S.E. (Central Board Of Secondary Education) & ors., reported in (2021) 7 SCC 535, submits that the CBSE authority will have to consider the case of the petitioner in terms of the ratio laid down in the said judgment. Recording the submission made by Ms. Bora, learned standing counsel, CBSE, this writ petition is disposed of directing the petitioner to make an application for rectification/correction of his name, the name of his mother and the name of his father before the Regional Officer, CBSE, Guwahati, Assam, within a period of 10 days from today by annexing copies of all related public documents in respect of the petitioner, his mother and his father as well as the Gazette of India publication. Thereafter, the concerned authority of the CBSE shall consider the case of the petitioner within a period of three weeks from the date of receipt of the representation from the petitioner, in terms of the ratio laid down by the Hon'ble Supreme Court in the Jigya Yadav (supra). With the above observations and direction, this writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010122382023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3285/2023o LEMUELoPRAVINo S/O-oANKASHoPRAVINo PERMANENToRESIDENToOF-o HOUSEoNO.-o419oA,oFAITHoHOME,o MECHIRAoJN,oKERELA,oKILLY,oVTCoKULATHUMMAL,o P.O.-oKOLLODE,oDISTRICT-oTHIRUVANANTHAPURAM,o KERALA,oPIN-o695571.o PRESENTLYoRESIDINGoAT-o ABCoTARUNoNAGAR,oBYEoLANEoNO.o2,o SKYLINEoHOUSINGoFLAToNO.o2A,o GUWAHATI,oKAMRUP(M),oASSAM,o PIN-o781005. VERSUSo THEoCENTRALoBOARDoOFoSECONDARYoEDUCATIONoANDo5oORSo REPRESENTEDoBYoITSoCHAIRPERSON,o SHIKSHAoKENDRA,o2,oCOMMUNITYoCENTRE,o PREEToVIHAR,oNEWoDELHI-o110092. 2:THEoDIRECTOR oCENTRALoBOARDoOFoSECONDARYoEDUCATIONo(CBSE) oREGIONALoOFFICE oSHILPAGRAMoROADo NEARoSHANDARoDEVoKALAKSHETRAo PANJABARI oGUWAHATI oKAMRUP(M)o ASSAM,oPIN-o781037. 3:THEoREGIONALoDIRECTOR oCENTRALoBOARDoOFoSECONDARYoEDUCATION oREGIONALoOFFICEoSHILPAGRAMoROADo NEARoSHANKARoDEVoKALAKSHETRAo PANJABARI,oGUWAHATI oKAMRUP(M),oASSAM,oPIN-o781037. Page No.# 2/4 4:THE ASSISTANT SECRETARY (EXAM) CENTRAL BOARD OF SECONDARY EDUCATION REGIONAL OFFICE SHILPAGRAM ROAD NEAR SHANKAR DEV KALAKSHETRA PANJABARI GUWAHATI KAMRUP(M) ASSAM. PIN- 781037. 5:THE CONTROLLER OF EXAMINATION CENTRAL BOARD OF SECONDARY EDUCATION SHILPAGRAM ROAD NEAR SHANKAR DEV KALAKSHETRA PANJABARI GUWAHATI KAMRUP(M) ASSAM PIN- 781037. 6:THE PRINCIPAL OF LIVINGSTONE FOUNDATION HIGHER SECONDARY SCHOOL DIMAPUR DISTRICT- DIMAPUR NAGALAND PIN- 797112 Advocate for the Petitioner : MR. N K MURRY Advocate for the Respondent : SC, CBSE BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR