ANSHIKA BHAGAT (MINOR) THROUGH HER FATHER SHAILESH KUMAR BHAGAT v. CENTRAL BOARD OF SECONDARY EDUCATION (CBSE)
WPC/4653/2024 · 2025-01-20
Shri Bibhu Datta Guru
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37119 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37119 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:3443
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4653 of 2024 1 - Anshika Bhagat (Minor) Through Her Father Shailesh Kumar Bhagat S/o. Shri Rakhi Ram Bhagat Aged About 40 Years Permanent Address - Bazar Road, Near Forest Office, Kapu, Udaipur, Dharamjaigarh, District - Raigarh (C.G.), Current Address - In Front Of Jain Kirana Store Matri Chaya Bhawan Ghotiya Road, Kawardha, District - Kabirdham
... Petitioner(s) versus 1 - Central Board of Secondary Education (Cbse) Through Its Secretary, Head Quarters, Shiksha Kendra-2, Community Centre, Preet Vihar Delhi,
District
-
New
Delhi,
Delhi 2 - The Controller of Examinations Central Board Of Secondary Education, Head Quarters, Shiksha Kendra - 2, Community Centre, Preet
Vihar,
Delhi,
District
-
New
Delhi,
Delhi 3 - Regional Officer Zone Office- Bhubaneshwar Plot No. 4 (Pt.), Sailashree Vihar, Chandrashekharpur, Bhubaneshwar, District - Khordha
(Odisha) 4 - Assistant Secretary Zone Office- Bhubaneshwar, Plot No. 4 (Pt.), Sailashree Vihar, Chandrashekharpur, Bhubaneshwar, District - Khordha
(Odisha) AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.01.21 15:06:06 +0530
2 5 - District Education Officer Durg, District - Durg (C.G.) 6 - Sri Sankara Vidyalaya (School Code - 15227) Through Its Principal, Street - 2, Sector-X, Bhilai, District - Durg (C.G.) 7 - Gurukul Public School (School Code- 15095), Through Its Principal, Kawardha, District - Kabirdham.
... Respondent(s) For Petitioner : Mr. Shikhar Shukla, Advocate. For Respondent Nos.1 to 4 : Mr. Tanmay Choudhary, Advocate on behalf of Mr. T.K. Tiwari, Advocate. For Respondent/State : Mr. Anmol Sharma, Panel Lawyer. For Respondent No.6 : Mr. Shalvik Tiwari, Advocate. For Respondent No.7. : Mr. Vivek Siddharth Ojha, Advocate Hon'ble Justice Shri
Bibhu Datta Guru
Order on Board 20/01/2025
1. By the present writ petition, the petitioner is seeking a direction towards respondent No.6/School to make necessary correction in the transfer certificate dated 23/03/2024 as well as other education certificate of the petitioner-Anshika Bhagat(Minor), which has been forwarded to the respondent No.5/District Education Officer, Durg vide order dated 13/07/2024.
2. Learned counsel for the petitioner submits that the father’s name of the petitioner has been wrongly mentioned in the transfer certificate as well as in the educational certificate by mentioning the father’s name as ‘Shailesh Bhagat’ instead of ‘Shailesh Kumar Bhagat’. He submits that the petitioner completed Class-IV standard from the School of respondent No.6 and shifted to the
3 School of respondent No.7 for study in Class-V standard. He further submits that if the name of the father of the petitioner has been wrongly reflected, she is every right to make a prayer for correction of the same, however, the respondent No.6 are not making correction by showing one or the other reason. He further submits that the petitioner submitted representation to the D.E.O, Durg as well as C.B.S.E. and pursuance to the said representation, the District Education Officer, Durg/respondent No.5 vide its communication dated 19/06/2024 and 12/07/2024,
directed the respondent No.6 to make necessary correction in the educational/transfer certificate issued to the petitioner.
3. Learned counsel appearing on behalf of C.B.S.E/respondents submits that the C.B.S.E has no role to play in making correction in the educational certificate of Class-IV standard and even the respondent No.7 has no role to say anything against the prayer made by the petitioner.
4. Learned counsel for the State/respondent submits that the District Education Officer/respondent No.5 vide communication dated 19/06/2024 and 12/07/2024, has already directed the Principal of the School/respondent No. 6 to make necessary correction in the educational/transfer certificate of the petitioner.
5. Learned counsel for the respondent No.6 submits that as the migration certificate has been issued to the petitioner, it will be difficult for the respondent No.6 to make necessary correction as
4 sought by the petitioner.
6. I have heard learned counsel for both the parties and perused the documents placed by the petitioner.
7. It is not in dispute that the petitioner has completed her Class-IV standard from the School of respondent No.6. While issuing the transfer certificate dated 23/03/2024 Annexure P-2, the father’s name of the petitioner has been mentioned as ‘Shailesh Bhagat’ in place of ‘Shailesh Kumar Bhagat’. It is also not in dispute that the District Education Officer, Durg has also instructed the respondent No.6 to make necessary correction in the educational certificate/transfer certificate issued to the petitioner. Hence, it is
directed that the respondent No.6/Sri Sankara Vidyalaya shall issue a fresh progress report as well as transfer certificate to the petitioner by making necessary correction in the name of father of the petitioner as prayed by her, within a period of twenty days from the today. The petitioner is directed to approach the respondent No.6/Sri Sankara Vidyalaya within a period of five days from today.
8. With the aforesaid observation and direction, the writ petition is
disposed of. SD/-
(Bibhu Datta Guru)
Judge Amardeep