Ishika Dewangan v. Central Board of Secondary Education (An Autonomous Organization

Mr. Akash Kumar Kundu, Advocate Mr. Ankit Singhal, Advocate Ms. Akanksha Verma Dabhadker, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 24/06/2025

The instant petition has been filed by the petitioner challenging the inaction on the part of the respondents whereby they have declined to correct the name of the father of the petitioner in her Class-10th Mark-sheet on the basis of the public documents like birth certificate, Adhar-card and other previous school certificates. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 14:07:55 +0530

The grievance of the petitioner is that after completing her studies till class IX from Shivom Vidyapeeth, Sankra, Durg in the year 2022 she took admission in Swami Vivekanand Senior Secondary School, Raipur for continuing her academic career in class Xth, wherein though the petitioner provided the correct name of her father at the time of admission, however, due to error on the part of the respondent Board or school of the petitioner the name of the father of the petitioner has been mentioned as Mukesh Dewangan instead of Mukesh Kumar Dewangan. Thereafter, the petitioner approached the School authorities and filed an application for correction on 02/11/2023 and pursuant to the said application the School authorities forwarded the necessary documents to the CBSE to carry out the correction by way of email dated 07/12/2023, however, despite sending all the requisite documents through proper channel the respondent CBSE did not correct the father’s name of the petitioner despite the fact that the said mistake has occurred on account of mistake on the part of the CBSE it has been verbally communicated to the petitioner that her application cannot be processed.

Learned counsel for the petitioner would contend that no particular reason has been given by the respondents for not processing the application of the petitioner despite submitting the birth certificate and Adhar Card and he would place reliance on the law laid down by the Hon’ble Supreme Court in the matter of Jigya Yadav {minor through Guardian/Father Hari Singh} Vs. C.B.S.E. (Central Board of Secondary Education) & Ors. {(2021) 7 SCC 535} and would submit that since the petitioner has filed the public documents that should have been accepted by the authorities.

Learned counsel for the Respondents No.1 & 2 would submit that the petitioner has not furnished the affidavit as required as per Column 10 and also have not submitted the Government Gazette notification in case of change/addition/deletion as required as per Column 11 and he placed on record the rejection order of the application of the petitioner dated 23/06/2025, which is taken on record.

I have heard learned counsel for the parties at length and perused the documents with utmost circumspection.

Perusal of the documents would show that though the petitioner has filed the application for correction of her father’s name but she has not submitted the affidavit and Govt. Gazette Notification, therefore, her application has been rejected.

Considering the entire facts and circumstances of the case and also the law laid down by the Hon’ble Supreme Court in the matter of Jigya Yadav (supra), it is directed that the the petitioner shall submit afresh application in the office of the CBSE along with all the requisite documents including the affidavit and Govt. Gazette notification within a period of 15 days from the date of receipt of copy of this order and on such application being filed the Respondent No.1 & 2 shall decide the application in accordance with the law and in accordance with the guidelines issued by the Hon’ble Supreme Court in the matter of Jigya Yadav (supra), within a further period of 15 days from the date of receipt of the application.

With the aforesaid observation, the instant writ petition stands disposed of. SD/- SD/- (Arvind Kumar Verma) JUDGE