1 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:- 2 “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 - 1st 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, 3 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, guardian of the student have recorded the name of the student as Ku. Sonam Sharma, D/o. Mahesh Sharma and have given assurance that he will submit the transfer certificate at later point of time. However, after completion of the academic session, she withdrew Ku. Sonam Sharma from the school and as per the pleadings made in the writ petition, she was admitted in Government Primary School, Housing Board, Bhilai, District – Durg. He contended that no irregularity has been committed by the officials of the Government Primary School, Chilhatikala. In view of the specific provision under the Act, 2009. 5. He contended that it is not a case of typographical error in recording the name, but for the name as mentioned in the mark-sheet of Class – 2 and which is continuing till date, name of the child is Ku. Sonam Sharma and from which, it reflects that she belongs to the Bramhin Caste of Hindu Religion and if the name is changed, it will not only change the name of daughter of the petitioner, but will also change the religion of the student. 6. I have heard learned counsel for the parties and also perused the documents placed on record. 4 7. From perusal of the documents placed on record along with the writ petition, it appears that the petitioner has filed a birth-certificate stated to be issued in the month of August, 2021 on which, the date of registration of birth-certificate is dated 09.02.2009. The name of the child is mentioned as Naziya showing the date of birth as 09.01.2009. Petitioner has also enclosed the mark-sheet of Class - 1 showing the name of the student as ‘Naziya’, Father’s name - Abdul Rafique, Mother’s name – Ranno Begum (petitioner). Class – 2 mark-sheet issued by the Government Primary School, Chilhatikala is filed as Annexure P/5 showing the name of student as Ku. Sonam Sharma, Father’s name – Mahesh Sharma, Mother’s name – Rani Sharma, Caste – Bramhin and according to the submission of counsel for the petitioner, the child Ku. Sonam Sharma/student has withdrawn her name from the school at Chilhatikala and got her admitted in Government Primary School, Housing Board, Bhilai, District – Durg with the same name which according to the submission is of the year 2017. The student was admitted in Class – 3 by none other than the petitioner i.e. the mother of the child/student, however, name of the student was recorded as Ku. Sonam Sharma. 8. In the aforementioned facts of the case, where in one mark-sheet, name of the student is mentioned as Ku. Sonam Sharma, Father’s name – Mahesh Sharma and Mother’s name, according to Annexure P/5 is mentioned as Rani Sharma and caste as Bramhin, in the opinion of this Court, the disputed facts are involved in this case, which can be decided by the Court of Civil jurisdiction competent on the basis of evidence and therefore, I do not find any good ground to grant relief as prayed for in this writ petition. Accordingly, this writ petition is dismissed reserving liberty with the petitioner to approach the Civil Court for redressal of the grievance as raised in this writ petition. 5 9. With the aforesai d observation and directions, this writ petition stands dismissed. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY