Disposed

Yogesh Jangid S/O Shri Ramesh Sharma v. Secretary, Board of Secondary

Rajasthan HC14 Sept 2022CW/18361/2019

Case brief

AI extract

What is this about?

The High Court allowed a writ petition seeking correction of the petitioner's name and parents' names on mark sheets. The court held that with Gazette Notifications and Aadhar cards as proof, the Board must consider the correction request if applied for within two weeks.

What did the court decide?

Petitioner directed to file correction application within 2 weeks; Board to decide within 4 weeks upon receipt of Gazette Notification and Aadhar Card copies.

Yogesh Jangid S/O Shri Ramesh Sharma Vs… — Education and Admissions | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 18361/2019

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Yogesh Jangid S/o Shri Ramesh Sharma, Aged 20 Years, R/o Masuda Road, Beawar, District Ajmer (Rajasthan)

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----Petitioner

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Versus

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Secretary, Board Of Secondary, Education, Rajasthan, Ajmer (Raj.)

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Chairman, Board Of Secondary Education, Rajasthan, Ajmer (Raj.)

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Principal, G B International ACA Senior Secondary School, Mandawar Road, Mahwa, (Dausa)

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Principal, Govt. Patel Senior Secondary School, Beawar District Ajmer.

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----Respondents

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For Petitioner(s) : Mr. Dharmendra Joshi, Adv. For Respondent(s) : Mr. Deepak Bishnoi, Adv.

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HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

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Order

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14/09/2022

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This writ petition has been filed by the petitioner for seeking a direction against the Board of Secondary Education, Rajasthan, Ajmer to change name of the petitioner as ;ksxs”k tkafxM (Yogesh Jangid) instead of Yogesh Jangir.

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The petitioner has also prayed that name of his father may also be corrected as jes”k “kekZ (Ramesh Sharma) instead of Rajendra Kumar Jangir and her mother’s name be also shown as lquhrk “kekZ (Sunita Sharma) instead of Sunita Jangir.

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Learned counsel for the petitioner submitted that the petitioner has passed his 10^th & 12^th Class from Rajasthan Board of

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(2 of 5)

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[CW-18361/2019]

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Secondary Education and the mark sheet issued by the respondent-Board of Secondary Education, Rajasthan for Secondary Examination, 2012 and the Senior Secondary Examination, 2014, reflected erroneously, name of the petitioner as Yogesh Kumar Jangir, her mother’s name as Sunita Jangir and father’s name as Rajendra Kumar Jangir.

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Learned counsel submitted that real name of father of the petitioner is Ramesh Sharma and the same fact is reflected in different documents and as such, Aadhar Card of father of the petitioner has also been filed along with the writ petition.

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Learned counsel submitted that the real name of mother of the petitioner is Sunita Sharma and the same fact is proved from Aadhar Card of his mother and copy thereof has been filed along with the writ petition.

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Learned counsel submitted that even the family ration card of father and mother of the petitioner shows their names as Ramesh Sharma & Sunita Sharma, respectively.

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Learned counsel submitted that the petitioner had approached the respondent-Secretary, Board of Secondary Education to make necessary changes in the mark sheet, however, the respondents have refused to make the changes and the petitioner was directed to either seek declaration from the Court or to get an order of Gazette Notification published.

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Learned counsel submitted that Gazette Notification has also been published in Official Gazette dated 07.06.2018, bearing S.No.4188, S.No.4186 and S.No.4187 dated 15.03.2018, have been published where requisite changes have been made in the Official Gazette in respect of name of the petitioner as Yogesh

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(3 of 5)

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[CW-18361/2019]

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Jangid, name of father of the petitioner as Ramesh Sharma and name of mother of the petitioner as Sunita Sharma.

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Learned counsel submitted that the denial of correct

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particulars in the mark sheet issued by the respondents is not justified and in fact runs contrary to the settled proposition of law as has been decided by this Court in catena of cases.

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Learned counsel refers to the orders passed by Coordinate Benches of this Court in S.B. Civil Writ Petition No.965/2017Mangal Singh Vs. Secretary, Board of Secondary Education, Rajasthan, Ajmer; S.B. Civil Writ Petition No.12903/2011-Vivek Sharma Vs. Rajasthan Board of Secondary Education & Anr.; S.B. Civil Writ Petition No.14349/2019-Tanuj Agarwal Vs. The Central Board of Secondary Education and S.B. Civil Writ Petition No.6513/2019-Khushboo Vs. The Regional Officer, Central Board of Secondary Education & Ors.

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Learned counsel on the strength of the said judgments, submitted that suitable direction may be given to the respondents to show correct name of the petitioner and correct name of parents of the petitioner.

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Learned counsel appearing for the respondent Board-Mr. Deepak Bishnoi, submitted that the prayer of the petitioner may not be granted by this Court and the Board of Secondary, Education, Ajmer has issued instructions from time to time enabling the candidates to get rectification in respect of particulars entered in their mark sheet, etc. and as such, the Board of Secondary, Education has issued order dated 26.02.2021 and any candidate, who is desirous to get correct particulars entered in the documents, need to follow the same procedure and as such, the petitioner has directly approached this Court without submitting

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(4 of 5)

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[CW-18361/2019]

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any application before the Board of Secondary Education, Ajmer and as such, prayer sought in the writ petition may not be granted.

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I have heard the submissions made by learned counsel for the parties and perused the material on record.

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This Court finds that the Apex Court in 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 , has already dealt with the issue with regard to the change of particulars in the documents issued by different Boards/Central Board of Secondary Education.

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This Court finds that the Apex Court has observed that the public documents which are in favour of any individual will have relevance for considering for change of certificate issued by different Boards/Authorities and as such, sufficient proof is required to be placed.

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This Court finds that the petitioner has produced Gazette Notification issued in Official Gazette of Rajasthan, further the Aadhar Card has also been issued in favour of parents of the petitioner showing their names and as such, these documents are vital documents which are required to be considered by the Board of Secondary Education for making necessary corrections in the particulars in the certificates/mark sheets, issued in favour of the petitioner.

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This Court also finds that the Co-ordinate Benches of this Court have taken the view that if sufficient documents are available with the candidate then the Board cannot take a plea of entertaining the application beyond period of five years and as such, directions have been issued from time to time.

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(5 of 5)

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[CW-18361/2019]

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The submissions of learned counsel for the respondent that the instructions have been issued by the respondent-Board and the same is required to be followed, suffice it to say by this Court, that if the petitioner is in possession of a public document and he has got the Gazette Notification published, then in such a situation the respondent-Board can consider the request of the petitioner for making necessary corrections.

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This Court accordingly, disposes of the writ petition by permitting the petitioner to file all the documents available with him for showing the correct particulars/name of his parents i.e. jes”k “kekZ (Ramesh Sharma) & lquhrk “kekZ (Sunita Sharma) as well as his own name correctly been shown as ;ksxs”k tkafxM (Yogesh Jangid) and if such documents are placed before the respondentBoard, the respondent-Board after examining the same may pass appropriate orders for making necessary corrections in respect of name of the petitioner and his parents name correctly shown. If petitioner submits such application within a period of two weeks, the respondent-Board may take decision in respect of said application within a period of four weeks thereafter.

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The present writ petition stands disposed of.

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(ASHOK KUMAR GAUR),J

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Ramesh Vaishnav/86/Bhavnesh Kumawat

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Yogesh Jangid S/O Shri Ramesh Sharma v. Secretary, Board of Secondary

Case brief

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What did the court decide?

Yogesh Jangid S/O Shri Ramesh Sharma v. Secretary, Board of Secondary

Case brief

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