High CourtsSINGLE BENCH(2017) 05 PAT CK 0039

Ayush Bannerjee (Minor), vs The Union of India

Patna High Court · Decided on 12 May 2017

HON’BLE JUDGES
Chakradhari Sharan Singh
RESULT
Allowed
CASE NUMBER
14014 of 2016

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Judgment

43 paragraphs · 367 words
1.

The petitioner passed Class-Xth examination of

the year 2015 held by the Central Board of Secondary

Education (hereinafter referred to as the ''CBSE'') as a student

of T. Raza High School, Ahmad Raza Nagar, Kurkuri,

Phulwarisharif, Patna. His father Bhaskhar Bannerjee had

died on 03.12.2008. It is the case of the petitioner that after

his father''s death, name of his maternal uncle, namely,

Bishwajeet Kumar Deogharia, was entered in the school

records as his guardian. It is also his case that in the List of

Candidates (LOC), the names of mother and father of the

petitioner were correctly mentioned as Mukta Bannerjee and

Bhaskhar Bannerjee. However, in the Admit Card, against his

father''s name, the name of his maternal uncle, viz.,

Bishwajeet Kumar Deogharia, was found entered. For

making correction, the petitioner represented the CBSE only

to the extent that in place of his father, the name of his

guardian may be mentioned. It is his case that in place of his

maternal uncle''s name in his Class-Xth certificate and other

documents, maintained by the CBSE, the name of his late

father, Bhaskhar Bannerjee, be mentioned by way of

correction.

2.

Heard the parties.

3.

Learned counsel, appearing on behalf of the

CBSE, has submitted that it is apparently because of the

information which the CBSE received through correspondence

from the school that the CBSE had to reject the petitioner''s

application by communication, dated 08.07.2016.

4.

From perusal of the documents on record, I

feel satisfied that the child is being unnecessarily harassed at

one level or the other. It appears that only because of

incorrect information, inadvertently submitted at the time of

submission of On-Line examination form, the situation has

emerged. The mistake is apparent and should not be made

an issue considering the trivial nature.

5.

I, therefore, direct the CBSE to incorporate

necessary corrections in the petitioner''s marks-sheet, issued

by the CBSE, and other related documents, which have been

brought on record by way of Annexures-4 and 4/1 of the

present writ application.

6.

Such exercise must be done within a period of

eight (8) weeks from the date of receipt/production of a copy

of this order.

7.

This application is, accordingly, allowed.