LPA-877-2020

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

LPA-877-2020 (O&M)

IN CWP-22159-2018

Date of Decision:06.01.2021

Central Board of Secondary Education, Regional Officer, Panchkula

and another

...Appellants

Versus

Akshat Bhagat (minor) and another

...Respondents

CORAM:

HON’BLE MR. JUSTICE JASWANT SINGH

HON’BLE MR. JUSTICE SANT PARKASH

Present:

Mr. Kannan Malik, Advocate,

for the appellants.

[The aforesaid presence is being recorded through video conferencing since the

proceedings are being conducted in virtual court.]

SANT PARKASH, J.

Instant intra-court appeal under clause X of the Letters Patent

is directed against the order dated 06.03.2020 (A-1) passed by the learned

Single Judge, whereby the writ petition was allowed. Further, prayer has

been made for setting aside the order dated 31.08.2020 vide which the

application for re-calling of the aforesaid order filed by the appellant-Board

was dismissed.

Brief facts of the case are that father's name of respondent

No.1-petitioner is “Varinder Kumar” and his mother's name is “Geeta

Kumari”, as recorded in his Birth Certificate. However, while submitting

the details to the respondent-school, the names of his parents were recorded

as “Varinder Kumar Bhagat” and “Geeta Bhagat” which were forwarded to

MUKESH KUMAR

2021.01.11 10:45

I attest to the accuracy and

integrity of this document

High Court, Chandigarh

LPA-877-2020

2

the appellant-Board by the respondent-School and were recorded in the

Secondary School Examination Certificate dated 03.06.2017. It is stated that

respondent No.1-petitioner made number of representations but ultimately

appellant-Board rejected his case on the ground that the school record does

not support the desired correction. Resultantly, respondent No.1-petitioner

approached this Court by way of CWP No.22159-2018, inter alia, seeking a

writ in the nature of mandamus to direct the appellants to change the name

of his parents in his Secondary School Examination Certificate issued by the

appellant-Board.

The afore-mentioned writ petition was allowed by the learned

Single Judge vide impugned order dated 06.03.2020 (A-1) in view of the

fact that as per the affidavits submitted by the parents of respondent No.1

petitioner during the pendency of the writ petition, the appellant-Board was

willing to make the necessary changes sought in the petition. Feeling

aggrieved against the above-said order dated 06.03.2020 (A-1), the

appellant-Board preferred a review application for re-calling of the said

order, however, the same was also dismissed vide order dated 31.08.2020.

Learned counsel for the appellant-Board submits that the

concession was accorded by the appellant-Board as it was stated by

respondent No.1-petitioner during the course of hearing of the writ petition

that there was an inadvertent error in recording the details at the time of

filling up of admission form. He further submits that upon receiving the

certified copy of the impugned order dated 06.03.2020, the appellant-Board

considered the matter afresh and it came to light that at the time of

examination, the names of the parents of respondent No.1-petitioner were

submitted to the appellant-Board as “Varinder Kumar Bhagat” and “Geeta

MUKESH KUMAR

2021.01.11 10:45

I attest to the accuracy and

integrity of this document

High Court, Chandigarh

LPA-877-2020

3

Bhagat” and the same were duly reflected in the List of Candidates (LOS),

which was prepared after having been signed by the candidate, i.e.

respondent No.1-petitioner and his parents themselves. In these

circumstances, the appellant-Board filed an application for re-calling of the

impugned order 06.03.2020 (A-1), however, the same was also dismissed

vide order dated 31.08.2020.

This Court has heard the learned counsel for the appellant and

perused the case file including the