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(2021) Law Today Live Doc. Id. 16524 = 2022(1) L.A.R. 107
Decided on: 22.11.2021
Present:
Mr. Arjun Kundra, Advocate, for the petitioner.
Mr. Naveen Chopra, Advocate, for the respondents.
Constitution of India, Article 226 – Correction of Mother’s name in Certificate – In Birth certificate mother’s name is ‘Rajneesh Sharma (Akshi)’ – ‘Akshi’ is merely another name by which the person is probably called – Objection of CBSE that document is ambiguous cannot be accepted -- CBSE directed to correct the Class-X and Class-XII certificates of the petitioner by incorporating the mother’s name as ‘Rajneesh Sharma’.
(Para 3-5)
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SUDHIR MITTAL, J. (ORAL) –
1. This petition has been filed because despite an application having been made to respondent No.1 to correct the mother’s name in the Secondary School Certificate and Senior Secondary School Certificate of the petitioner, the necessary correction has not been made.
2. Learned counsel for the petitioner has submitted that in the birth certificate (Annexure P-1), the mother’s name is mentioned as ‘Rajneesh Sharma’. Thus, the public document supports the case of the petitioner and the refusal to take action cannot be justified.
3. Learned counsel for respondent No.1 submits that the document relied upon by learned counsel for the petitioner itself is ambiguous because the mother’s name mentioned is ‘Rajneesh Sharma (Akshi)’. In view of the ambiguity, refusal to take action is justified.
4. The birth certificate (Annexure P-1) records the mother’s name as ‘Rajneesh Sharma (Akshi)’ and ‘Akshi’ is merely another name by which the person is probably called. Thus, the submission made on behalf of respondent No.1 cannot be accepted.
5. The writ petition is allowed. Respondent No.1 is directed to correct the Class-X and Class-XII certificates of the petitioner by incorporating the mother’s name as ‘Rajneesh Sharma’. Needful be done within four weeks from today.
Petition allowed.
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