IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 7231 of 2009 Date of Decision: 7.1.2010. Karmdeep Kaur --Petitioner Versus Lovely Professional University and another --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Rajeshwar Singh, Advocate for the petitioner. Mr. R.S. Bajaj, Advocate for respondent no.1. Mr. P.C. Goyal, Addl. A.G., Punjab. *** PERMOD KOHLI.J (ORAL) This petition has been filed by the petitioner seeking a direction for changing her name and parentage in the Intermediate Certificate and marks sheet issued by the Board of High School & Intermediate Education, Allahabad, U.P. and also for change of her name and parentage in the records of university. It is relevant to notice the facts leading to the filing of this writ petition. It is averred in the petition that the petitioner was born on 19.7.1990 in the family of Sh. Boota Singh and Smt. Sukhjeet Kaur at Malout. She was admitted in a local school Sacred Heart Convent School, Malout in Nursery class on 13.3.1993. When she was studying in Class-V, she was kidnapped by her domestic servant namely Shiv Charan on 10.12.2000. An FIR No. 96 dated 13.12.2000 was lodged with the Police Station City, Malout. It is alleged that the petitioner was sold to one Ram Singh and Leelawati, who had no child of their own at Ghaziabad, U.P. The said couple admitted the petitioner in a school under the name of Kumari CWP. No. 7231 of 2009 -2- Sonia daughter of Ram Singh and Leelawati. After passing her Intermediate the petitioner said to have started teaching in Pooran Singh School at Ghaziabad. At the time of her kidnapping, she was 9 years of age and remembered her parents of birth. It is further stated that the petitioner shared her feelings with her colleague, another teacher in the school namely Ms. Vandana. The said teacher Ms. Vandana arranged clothes for the petitioner and they came to Delhi, where from the petitioner boarded Delhi- Ganga Nagar Train and reached Malout on 25.3.2008 and met her real parents. The petitioner had great desire to study further and accordingly she got admission in respondent no.1-university in the Department of Management. At the time of her admission the petitioner wanted her real name Paramdeep Kaur and name of her original parents to be recorded in the university record. However, it was not permitted in view of the certificates issued by the respondent no.2-university, wherefrom the petitioner had passed her Intermediate examination, wherein her name was recorded as Kumari Sonia. This petition has been filed seeking a direction for changing the name of the petitioner, her parents in the board record of respondent no.2 board as also in the records of respondent no.1 Mr. Bajaj, learned counsel appearing for respondent no.1- university has stated at the bar that as far the university is concerned, it has no option but to enter the name of petitioner and her parentage as per the board record. The respondent no.1-university while admitting the petitioner to the course could not have on its own change name and parentage of the petitioner. Learned counsel has further stated that, if, respondent no.2 board makes necessary changes in its record, the university will follow and implement the same. CWP. No. 7231 of 2009 -3- Respondent no.2 has been duly served but none appears on its behalf. Even though respondent no.2 is absent but this Court is unable to grant any relief to petitioner for want of territorial jurisdiction. According to the admitted facts on record petitioner was admitted in a school at Ghaziabad which was affiliated to respondent no.2- board. Petitioner appeared in the Intermediate Examination which was conducted by respondent no.2-board at Ghaziabad. The name and parentage of petitioner was recorded in the school as also the board record in the State of U.P and after the examinations the certificates and marks sheet issued by the board is in the name and parentage as referred in the school record. It is unfortunate that the petitioner has suffered great agony on being kidnapped. The Court has complete and absolute sympathy with the petitioner but no direction can be issued for change of name and parentage to respondent no.2 for want of territorial jurisdiction. Entire cause of action i.e. filling up of forms, the examinations and the issue of certificate/marks sheets have occurred in the State of U.P. To the extent the relief against respondent no.2 is concerned, the writ petition is dismissed with liberty to the petitioner to approach either the Hon'ble High Court at Allahabad or any other appropriate form having the jurisdiction to decide the controversy and grant the relief. (PERMOD KOHLI) JUDGE 7.1.2010. lucky