DEVANSHI CHOUDHARY (MINOR) & ANR. v. CENTRAL BOARD OF SECONDARY EDUCATION & ORS.
W.P.(C)/9744/2026 · 2026-07-20
Jasmeet Singh
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 13073 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 13073 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~197 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9744/2026 & CM APPL. 45480/2026 DEVANSHI CHOUDHARY (MINOR) & ANR. .....Petitioners Through: Mr. V K Singh, Mr. Manvendra Singh, Mr. Dikshant Salonia, Advs. versus CENTRAL BOARD OF SECONDARY EDUCATION & ORS. .....Respondents Through: Ms. Qurratulain, Adv Ms. Shagun Mishra, Adv. for R1 CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 20.07.2026 CM APPL. 45481/2026 Exemption is granted subject to all just exceptions. The application is disposed of. W.P.(C) 9744/2026
1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers:-
“a) Issue a Writ of Mandamus or any other appropriate writ, order, or direction commanding Respondent No. 1 to update the educational records of the Petitioner by replacing the mother's name 'Sunaina Saini' with her legally adoptive mother's name, 'Soniya Choudhary'; b) Direct Respondent No. 2 to amend its Admission and Withdrawal Register to reflect the aforementioned legal parentage, and to issue updated school records and fresh passing certificates accordingly; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 12:04:09
c) Direct Respondent No. 1 to issue a fresh Class 10 and Class 12 passing certificate and mark sheet reflecting the updated parentage; and d) Direct the respondent no 4 to correct the title and parentage in the records of the petitioner in the Aadhaar card details.. ...”
2. For the reasons stated in the petition, issue notice. 3. Ms. Qurratulain, learned counsel accepts notice on behalf of the respondent No. 1. 4. There is nobody appearing on behalf of the other respondents. In view of the urgency the matter is taken up for hearing. 5. It is the case of the petitioners that the petitioner No. 1 was born on 07.12.2008 to Sh. Pramod Choudhary and respondent No. 3. Following the dissolution of their marriage by a decree of divorce dated 11.07.2019, the petitioner No. 1’s father married petitioner No. 2 on 03.10.2022. Thereafter, petitioner No. 2 legally adopted the minor petitioner by a duly executed Adoption Deed dated 23.09.2024 under the Hindu Adoptions and Maintenance Act, 1956.
Respondent No. 3 also executed a No Objection Certificate dated 15.08.2019, consenting to the adoption and the consequent correction of the petitioner No. 1’s records. 6. Pursuant to the adoption, applications were submitted to respondent No. 1 through respondent No. 2 seeking correction of the petitioner's educational records by substituting the biological mother's name with that of the adoptive mother. However, respondent Nos. 1 and 4 refused to carry out the requested changes on the ground of their internal procedural by-laws and the absence of a court order. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 12:04:09
7. Hence, the present writ petition. 8. Ms. Qurratulain, learned counsel, objects to the present petition. She states that no representation has been received by the respondent No.1 in this regard and nothing has been shown which shows that respondent No. 1 has declined the same. Secondly, she states that the signature of the respondent No. 3 on the NOC is yet to be verified by the respondent. Thirdly, she states that the minor child is beyond the age of 15 and hence, cannot be legally adopted. 9. I am unable to agree with any of the aforesaid contentions. Once the petitioners make a statement on an affidavit that the representation was sent to respondent No. 1, there is no reason to doubt the statement of the petitioner. 10. The petitioners also draw my attention to Annexure P-5, which contains the signature of the biological mother. As such, I see no reason to doubt the same and the same is presumed to be correct. In regard to the third contention, qua the legality of adoption, the same is not for the respondent No. 1 to object. 11.
In the present case, the petitioner No. 1 is the adoptive daughter of the petitioner No. 2 and as per the petitioner the respondent No. 2 has forwarded the request of petitioner to respondent no.1, seeking updation in educational records. 12. Once the biological mother, biological father and the adoptive mother have no objection for updating the record of petitioner No. 1 by recording the name of petitioner No. 2 as her mother, I see no objection in allowing the writ petition. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 12:04:09
13. If any person who could have an objection, it would only be respondent No. 3 and/ or the father, both of whom have no objection. 14. For the said reasons, the petition is allowed and respondent No. 1 shall update the record including Class Xth and XIIth Certificates to record the name of Smt. Soniya Choudhary as the mother of petitioner No. 1, i.e., Devanshi Choudhary. 15. The petition is allowed and is disposed of in the aforesaid terms. JASMEET SINGH, J JULY 20, 2026/AS This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/07/2026 at 12:04:09