Allowed

Vikas Tripathi v. Central Board of Secondary Education and 2 Others

Allahabad HC27 Jul 2021WRIC/1995/2021

Case brief

AI extract

What is this about?

The petitioner challenged an order rejecting his application to correct his mother's name in his CTET marksheet due to delay. Relying on the Supreme Court's decision in Jigya Yadav, the court quashed the rejection order, allowing the petition and directing the Board to process the application within 15 days.

What did the court decide?

The impugned order dated 09.12.2020 was quashed. The petitioner was directed to move an application afresh within 15 days, and the authority was directed to pass orders within two months.

Vikas Tripathi Vs Central Board of… — Constitutional and Fundamental Rights | Allahabad HC (2021)

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Court No. - 32 Case :- WRIT - C No. - 1995 of 2021 Petitioner :- Vikas Tripathi Respondent :- Central Board Of Secondary Education And 2 Others Counsel for Petitioner :- Rajesh Kumar Singh Counsel for Respondent :- Surendra Prasad Sharma

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri R.K. Singh, learned counsel for the petitioner and Sri S.P. Sharma, learned counsel for the respondents.

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This writ petition has been filed assailing the order dated 09.12.2020 passed by respondent no. 3, whereby the application made by petitioner for correction of his mother's name in CTET Marksheet/Qualifying Certificate was rejected on the ground that it was not moved within the specified time.

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Sri Singh, learned counsel for the petitioner has relied upon the Apex Court decision in case of Jigya Yadav (Minor) (through guardian/father Hari Singh) Versus C.B.S.E. (Central Board of Secondary Education) & ors., Civil Appeal no. 3905 of 2011 , decided on 03.06.2021, wherein the Apex Court had laid down the law in regard to correction/change in the Marksheet issued by the Central Board of Secondary Education.

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Sri Sharma, learned counsel appearing for the Board very fairly submitted that the case of the petitioner is covered by decision of Apex Court in case of Jigya Yadav (supra).

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Having heard learned counsel for the parties and perusing the material on record, I find that the order dated 09.12.2020 is not sustainable in view of the decision of the Apex Court in case of Jigya Yadav (supra).

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In view of above, the order dated 09.12.2020 is quashed.

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The petitioner is directed to move an application afresh for necessary correction before respondent no. 1 within 15 days from today. On receiving the said application, the concerned authority shall pass necessary orders in regard to the correction of Marksheet of petitioner in accordance with law laid down by Apex Court in case of Jigya Yadav (supra) within next two months.

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Writ petition stands allowed.

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Order Date :- 27.7.2021 V.S.Singh

Vikas Tripathi v. Central Board of Secondary Education and 2 Others

Case brief

What is this about?

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Vikas Tripathi v. Central Board of Secondary Education and 2 Others

Case brief

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What did the court decide?

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