Minor petitioner sought change of name in CBSE records after result declaration to comply with judgment correcting his name. Court held that since application was filed after amended Bye-laws requiring prior Gazette notification, petition dismissed without examining bye-law vires.
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$~9
..... Petitioner
versus
CENTRAL BOARD OF SECONDARY EDUCATION AND ANR ..... Respondent
Through: Mr. Atul Kumar, Adv. for R-1
CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO O R D E R % 07.12.2016 W.P.(C) 1242/2016
the Respondents 1 and 2 to change the name of the petitioner from Randhir Shrivastav to Aditya Shrivastav and to make all other necessary changes as may required in the records of respondent maintained in their offices;
bb) To issue appropriate writs, orders or directions thereby directing the respondents to change the name of the petitioner from Randhir Shrivastav to Aditya Shrivastav maintained by respondents in all its records relating to the petitioner Class XI and class XII examinations and the petitioner should be allowed to fill up all applications concerned with the petitioner’s board exams that in class XII (Central Board of Secondary Examination) in the changed name from Randhir Shrivastav to Aditya Shrivastav.
c) To pass any other order or direction or further orders or directions as to this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.”
X Board Examination in the month of March 2015. In the month of June, 2015, the result of Class X (Board Examination result) was declared and the petitioner passed the same. In the month of June 2015 itself, the petitioner released a public notice in the Times of India, (Delhi Edition) and Navbharat Times Newspapers. In the month of July, 2015, the petitioner joined the Class XI in the same school. On December 5, 2015, the petitioner got
notified the change of name in the Gazette of India. On December 18, 2015, the petitioner approached the CBSE seeking change of his name from Randhir Shrivastav to Aditya Shrivastav along with the copy of the newspapers’ and gazette publication when he was informed that change can be done only if a Court order to that effect is produced before the CBSE.
“69.1 (i)
Applications regarding changes in name or surname of candidates may be considered provided the changes have been admitted by the Court of law and notified in the Government Gazette before the publication of the result of the candidate.
69.2 (ii)
Correction in name to the extent of correction in spelling errors, factual typographical errors in Candidate’s Name/Surname, Father’s Name/Mother’s Name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the school may be made”. Application for correction in name of Candidate / Father’s / Mother’s/Guardian’s name will be considered only within one year of the date of declaration of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents:
It is the case of the respondent No. 1, in terms of the above amended
Bye laws i.e. Bye law 69.1(i), the application regarding changes in name or surname of candidates, may be considered by respondent No. 1, provided the changes have been admitted by the Court of law and notified in the
Government gazette before the publication of the results of the candidate. The result of the petitioner for the All India Secondary School examination (Session: 2013-15) conducted by the respondent No. 1 was declared on May 28, 2015. The petitioner had submitted an application dated January 18, 2016 for effecting the change in name in the records of respondent No. 1 and the certificates issued by the respondent No. 1. The name of the petitioner has allegedly been changed after the declaration of the result of the Class X examination. The request of the petitioner was therefore rejected as not being in accordance with the Bye law 69.1(i).
seeking correction/change in his name.
notification dated June 25, 2015. The present petition is dismissed. No
costs.
CM. No. 40480/2016
In view of the fact that I have dismissed the writ petition, the present
application is also dismissed.
V. KAMESWAR RAO, J
DECEMBER 07, 2016 /ak
2 issues framed by the court
Whether a change of name for educational records can be permitted after the result declaration when the application was filed post-amendment of bye-laws.
Whether the amended Bye-law 69.1(i) which requires court orders and Gazette notification before result declaration governs applications filed after its notification.
Colour shows how this judgement treated each authority
Kalpana Thakur and Anr. v. CBSE and Anr.Relied on¶34
W.P.(C) 5323/2015, Kalpana Thakur and Anr. v. CBSE and Anr.
ADITYA SRIVASTAV
CENTRAL BOARD OF SECONDARY EDUCATION
V. KAMESWAR RAO
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
