Allowed

Shubham Dewangan v. State of Chhattisgarh

Chhattisgarh HC7 Jul 2024WPC/2484/2021

Case brief

AI extract

What is this about?

The High Court allowed the petition challenging the rejection of a request to correct the petitioner's mother's name in the Class 10th mark sheet due to a typographical error. The Court held that the application was incorrectly processed by the Examination Section instead of the competent Record Section authority. The Respondent Board was directed to reconsider the application expeditiously.

What did the court decide?

Direction to reconsider the application for correction of the mother's name in the mark sheet within two months.

Shubham Dewangan Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPC No. 2484 of 2021

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1- Shubham Dewangan S/o Rakesh Dewangan Aged About 29 Years, R/o 42, Amagudapara, Sonpur, Bastar Chhattisgarh.

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---- Petitioner

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Versus

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1 - State Of Chhattisgarh

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Through Secretary School Education Department, Mantralaya, Naya Raipur Chhattisgarh.

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2 - Chhattisgarh Madhyamik Shiksha Mandal

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Board Of Secondary Education, Through Its Secretary, Pension Bada Raipur Chhattisgarh.

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---- Respondents

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For Petitioner	:	Mr. K.S. Pradhan on behalf of Mr. Jitendra Shukla, Advocate
For Respondents/State No.1	:	Mr. Vedant Shadangi, P.L.
For Respondent No.2	:	Mr. Alok Bakshi, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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08/07/2024 Sd/- Sd/-

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Petitioner has filed this petition seeking following relief (s) :-

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(10.1)This Hon’ble Court may kindly be pleased to quashed the impugned letter/communication (Annexure P-1) sent by respondent Chhattisgarh Board of Secondary Education, Raipur C.G. to the petitioner.

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(10.2)This Hon’ble Court may kindly be pleased to direct the respondent Chhattisgarh Board of Secondary Education, Raipur (C.G.) to reconsider for

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correction in the name of petitioner mother which has been wrongly mentioned in the petitioner’s class 10^th mark sheet, thereby issuing a fresh marksheet.

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(10.3)To kindly grant any other writ/writs, order/orders, relief/reliefs in favour of the petitioners, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the cost to the petitioners.”

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Learned counsel for the petitioner submits that petitioner prosecuted his studies up to Class 10^th in the State of C.G.. He has passed out Class 5^th and Class 8^th examination from Jai Krista Convent High School Pahurbel Bastar. In the school records name of mother of petitioner is mentioned as Mrs. Dropadi Dewangan. When petitioner appeared in the 10^th examination, which is organized by respondent No.2 due to inadvertent typographical error, name of mother of petitioner is mentioned as Divya Dewangan instead of Dropadi. After getting knowledge of mistake in the name of his mother, petitioner submitted application for correction of name of his mother in Clause 10^th mark-sheet, however, it was dismissed vide order Annexure P-1 mentioning that for correction of the entire name is not permissible under the regulation, which is per-se arbitrary.

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Learned counsel for respondent No.2 submits that as per circular/order (Annexure R-2-C), the correction of entire name is not permissible, therefore, the application submitted by petitioner has rightly been rejected.

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I have heard learned counsel for parties and perused the documents placed on record.

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Perusal of the order/circular (Annexure R-2-C), which is relied upon by respondent No.2 with respect to correction of the name/father/mother,’s name name/surname/sub-name, two different forum for correction is provided one is the correction by Examination Section and another is correction by the Record Room Section, which would shows that in the first chart which is prepared mentions that only spelling mistake is permissible which is by Examination Section of respondent No.2 for which the prescribed authority is Assistant Secretary. Second mode of correction is provided by different section of respondent No.2 i.e. Record Section, wherein the authority to consider application for correcting the name of students, father, mother, surname or other, Secretary is the authorized and is competent authority.

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Application submitted by petitioner for correction of name of his mother was considered by Assistant Secretary, which prima-facie appears to have been considered under correction by Examination Sections. Application of petitioner was not considered by the Secretary, which is the authorized authority to consider the correction of entire name as provided under the circular/order dated 31.03.2022. Further the special note provides that correction can be made in the 10^th class mark-sheet in the special circumstances. From the facts reflecting from the

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documents placed on record, it is appearing that application submitted by petitioner was not considered by the appropriate authority i.e. Secretary under the head of correction by Record Section and therefore, the writ petition is allowed.

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The respondent No.2 is directed to reconsider the application submitted by petitioner in terms of Clause 4 of the order/circular dated 31.03.2022 (Annexure R-2-C) and if any further document is required, respondent No.2 shall intimate the petitioner about the requirements of any other records. Let the exercise of reconsideration of the application submitted by petitioner for correction of name of his mother be considered and decided expeditiously preferably within a period of two months from the date of receipt of the order.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Shubham Dewangan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shubham Dewangan v. State of Chhattisgarh

Case brief

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