Rama Kant Tiwari vs State of Jharkhand and Others

M.Y. Eqbal, J.—Heard Mr. P.P.N. Roy, learned counsel for the petitioner and Mr. A.R. Sarangi, learned counsel for the Examination

Board.

This is second time when petitioner moved this Court for correction of name of his father in the matriculation certificate issued by the respondent

Bihar School Examination Board. Petitioner appeared in the Board''s examination in 1998. Due to inadvertence, father''s name of the petitioner

was wrongly written as Rabindra Tiwari instead of Rabindra Nath Tiwari. Petitioner sent several letters requesting the Board to correct the name

of his father, but nothing was done. Having no alternative, petitioner moved this Court by filing CWJC No. 334 of 2001. This Court taking into

consideration the fact that even in the provisional certificate issued by the Bihar Intermediate Education Council, father''s name of the petitioner was

correctly mentioned as Rabindra Nath Tiwari and also considering that the Deputy Development Commissioner, Garhwa enquired the matter in

detail and after full satisfaction directed the District Superintendent of Education to make a request to the respondent-Board for correction of the

certificate of the petitioner with regard to his father''s name., dispose of the writ petition with a direction to the Secretary of the Board to consider

the case of the petitioner and take decision for correction of the certificate within 30 days.

Curiously enough, the Secretary, Bihar School Examination Board without making any independent inquiry or without giving due regard to the

orders passed by this Court rejected the representation of the petitioner saying that the father''s name of the petitioner can not be corrected for the

reason that the name was recorded in all the records as Rabindra Tiwari.

Mr. A.R. Sarangi, learned counsel for the Board drawn my attention to the relevant provisions of the Board''s regulation quoted in the counter

affidavit and submitted that there is no provision for correction of father''s name of the candidate. From perusal of the regulation as quoted in the

counter affidavit, it appears that there is provisions for correction of the candidate''s name, if application to that effect is filed before one month

from the date of commencement of examination or after six months from the date of publication of result. When there is no provision in the

regulation for correction of the father''s name of the candidate then the Secretary was bound to comply the direction issued by this Court passed

on 10.10.2001 in CWJC No. 334/2001. The Secretary appears to have not taken the matter seriously and he has rejected the application.

Because of inaction on the part of the respondents and also by not giving due regard to the Court''s order, petitioner has been unnecessary

harassed for more than 5-6 years. There is nothing on the record nor is the case of the respondents that person named as Rabindra Nath Tiwari is

not the father of the petitioner nor there is any averments in the counter affidavit that the contention of the petitioner that due to inadvertence the full

name was not written in Admission Record, and therefore the respondents were not justified in lingering the matter for about 5-6 years.

For the reasons aforesaid, the Secretary of the Examination Board is once again directed to immediately and forthwith correct the father''s name

of the petitioner in the matriculation certificate and other documents and communicate the same to the petitioner within a period of 30 days from

the date of receipt/production of copy of this order. Since petitioner has been unnecessary harassed by the respondents, a cost of Rs. 5,000/- is

imposed upon the Board, which shall be paid to the petitioner within 30 days from today.

With the aforesaid observation, this writ application is disposed of.