2025:CGHC:59582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 28 of 2023

1 - Ranno Begam W/o Abdul Rafik Aged About 32 Years Caste Musalman, R/o Ward No. 12, Ramnagar, Muktidham Camp-1 Supela Bhilai, District : Durg, Chhattisgarh ... Petitioner Versus

1 - State Of Chhattisgarh Through Secretary School Education Department Mantralaya Nahanadi Bhawan, Atal Nagar, Naya Raipur, Chhattisgarh

2 - Director Directorate Of Chhattisgarh Public Instruction Indravati Bhawan, First Floor, Naya Raipur, District : Raipur, Chhattisgarh

3 - District Education Officer Balod, District : Balod, Chhattisgarh

4 - District Education Officer Durg, District : Durg, Chhattisgarh

5 - Abdul Rafik S/o Abdul Riyaz, Aged About 39 Years Caste- Musalman, R/o Fauji Nagar, Near State Bank Of India, Housing Board, Bhilai, District Durg (C.G.)

... Respondents For Petitioner : Mr. Mirza Hafeez Baig, Advocate For Respondents No. 1 to 4/State : Mr. Rishab Bisen, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge

ORDER ON BOARD

08 /12/2025

1. The petitioner has filed this writ petition seeking following reliefs:-

“10.1 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus, order or strictly direction to the respondent authority to correct the name of daughter of the petitioner to Naziya from present name on the basis of the particular of the Dakhil Kharij Register of Class - 1^st within stipulated time, in the interest of justice.

10.2 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.”

2. Learned counsel for the petitioner submits that daughter of the petitioner by name Naziya was initially admitted at Vasuki School, Kailash Nagar, Zone – 2, Bhilai in Class – 1. However, he submits that the petitioner was not in a position to provide education to her daughter and therefore, her daughter was sent to Kiran Sharma who got her admitted in Class – 2 at Government Primary School, Chilhatikala, Block – Dondi-Lohara, District – Balod and while getting her daughter admitted at Government School, Chilhatikala, to avoid any implication with respect to the religion of the child, she got her name recorded as Ku. Sonam Sharma. After 01 year, in Class – 3, the petitioner got her daughter admitted in school at Government Primary School, Housing Board, Bhilai. He contended that at the time of admission in Class – 3, the petitioner became aware of the name of her daughter as Naziya wrongly mentioned in the mark-sheet of Class – 2. However, at the advise of the school staff and other officials, to avoid lapse of one year, she got her daughter admitted in the new school with same name as Ku. Sonam Sharma which is continuing till date.

3. He further submits that the petitioner submitted an application before the District Education Officer, Durg along with an affidavit, however, the District Education Officer has not taken cognizance of the application stating that the wrong entry of the name in the record is made in the school within the jurisdiction of District Education Officer, Balod. He also contended that the affidavit of Smt. Kiran Sharma is also filed wherein, she admitted that Ku. Sonam Sharma who is daughter of her real brother, who had subsequently changed his caste and therefore, while admitting the girl child i.e. Naziya, she recorded her name as Ku. Sonam Sharma. The petitioner and her child may not be made to suffer due to the error or irregularity committed by the staff of the School Education Department.

4. On the other hand, learned counsel for the Respondents/State opposes the submission of counsel for the petitioner and would submit that according to Section 3 & 5 of the Right to Children to Free and Compulsory Education (RTE) Act, 2009 (hereinafter for brevity referred to as the Act, 2009), there is no precondition for submitting the transfer certificate while admitting the student in a school aged about 6 to 14 years. He contended that according to his instructions, at the time of admission, guard