Dismissed

Board of Secondary Education v. Mohit Wadera

Rajasthan HC25 Jul 2023CSA/64/2020

Case brief

AI extract

What is this about?

High Court of Rajasthan at Jodhpur dismissed a second appeal against orders changing a minor's father's name in marksheets. The court relied on a Supreme Court judgment allowing such changes subject to specific conditions despite regulatory limitations on Gazette publication.

What did the court decide?

Second appeal dismissed; judgment and decree of courts below affirmed; Board liberty to issue amended marksheet subject to Apex Court conditions.

Board of Secondary Education Vs Mohit Wadera — Education and Admissions | Rajasthan HC (2023)

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[2023:RJ-JD:23250]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Second Appeal No. 64/2020

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Board Of Secondary Education, Rajasthan Ajmer Through Its Chairman.

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Board Of Secondary Education, Rajasthan Ajmer Through Its Secretary

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----Appellants

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Versus

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Mohit Wadera S/o Shri Rajesh Kumar, Aged About 16 Years, Minor Through Natural Guardian Father Smt. Rajesh Kumar S/o Shri Shankar Lal, R/o Dola Dungari, Mahaveer Circle, Barmer.

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----Respondent

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For Appellant(s)	: Mr. A.R. Nikub
For Respondent(s)	: Mr. Dhanesh Saraswat
	Mr. Devan Maheshwari

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

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25/07/2023

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The present second appeal has been preferred against the judgment and decree dated 01.11.2019 passed by Additional District Judge No.1, Barmer in Civil Appeal No.06/2019 whereby the judgment and decree dated 19.01.2019 passed by the Civil Judge, Barmer in Civil Suit No.127/2017 has been affirmed. Vide the judgment and decree dated 19.01.2019, the learned trial Court proceeded on to decree the suit for declaration qua the change in father’s name of the plaintiff.

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The appeal was admitted on 11.11.2020 and the following substantial questions of law were framed:

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“(1) Whether the two courts below were justified in decreeing the suit/dismissing the appeal and ordering for change in father’s name of the

(2 of 4)

[2023:RJ-JD:23250]

[CSA-64/2020]

plaintiff in the mark sheet of the year 2015 on account of the fact that his father changed his name in the year 2016?

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(2) Whether the two courts below were justified in ignoring the categorical provisions of the Regulations as indicated in Ex. D/1 specifically prohibiting change in father’s name based on publication in the Gazette?”

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Learned counsel for the respondent submitted that the questions of law as framed by this Court stands covered by the recent judgment of Hon’ble Apex Court in the case of Jigya

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Yadav vs. Central Board of Secondary Education and Ors.,

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(2021) 7 SCC 535 . He submitted that all the issues pertaining to corrections/amendments in date of birth, name of student, name of father/mother of the student, etc. were under consideration before the Hon’ble Apex Court in the said matter and the complete controversy regarding all the issues has been set at rest vide the said judgment.

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The points of consideration before the Hon’ble Apex Court were as under:

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“ 104.1. (1) Whether the CBSE Examination Bye-laws have the force of law?

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104.2. (2) Whether Examination Bye-laws impose reasonable restrictions on the exercise of rights under Article 19 of the Constitution including fail the test of rationality for excessively restricting the scope of permissible corrections/changes?

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104.3. (3) Whether the Board is obliged to carry out corrections/changes in the certificates issued by it owing to correction/updation of public records/documents which have statutory presumption of genuineness?

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104.4. (4) Whether the Examination Bye-laws in force on the date of examination conducted by CBSE or the date of consideration of the application for recording correction/change would be relevant? And, whether the effect of correction or change, as the case may be, will have retrospective effect from the date of issue of the original certificate?

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104.5. (5) Whether writ of mandamus issued for effecting corrections in CBSE certificates can be in the teeth of explicit provisions in the Examination Byelaws, without examining validity of the bye-laws?”

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So far as the controversy in the present matter is concerned, the same would definitely be governed by the points as framed and decided by the Hon’ble Apex Court. While dealing with the controversy wherein request for change in the certificate is made due to the acquired name by choice at a later point of time, the Hon’ble Apex Court held as under:

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“ 194.2. However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/ annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.”

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In view of the specific ratio as laid down by the Hon’ble Apex Court, it is clear that the prayer/request for change in the certificate on basis of the change in name at a subsequent stage can be entertained subject to the conditions as specified therein.

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In view of the ratio laid down by the Hon’ble Apex Court, the substantial question of law No.1 as framed by the Court is answered in favour of the respondent and it is hereby held that the judgment as passed by the Court below permitting the change in father’s name of the plaintiff in marks-sheet of year 2015 on account of the change in his name in the year 2016 is justified.

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Reply to substantial question No.2 as framed is found in para 193.2 & 193.3 of the Hon’ble Apex Court’s judgment wherein it has been held as under:

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“ 193.2. At the same time, the CBSE cannot impose precondition of applying for correction consistent with the school records only before publication of results. Such a condition, as we have held, would be unreasonable and excessive………………….

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193.3. ……………….. To put it differently, request for recording of correction in the certificate issued by the CBSE to bring it in line with the school records of the incumbent need not be limited to application made prior to publication of examination results of the CBSE.”

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In view of the above observations, both the substantial questions of law as framed been replied against the appellants and in favour of the plaintiff-respondent, the present second appeal is hereby dismissed. The judgment and decree dated 01.11.2019 passed by Additional District Judge No.1, Barmer in Civil Appeal No.06/2019 and judgment and decree dated 19.01.2019 passed by Civil Judge, Barmer in Civil Suit No.127/2017 are therefore, affirmed.

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However, the appellant-Board would be at liberty to issue the amended marks-sheet of the year 2015 in favour of the plaintiff subject to the conditions as prescribed by the Hon’ble Apex Court in the above mentioned judgment.

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Stay petition stands disposed of.

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(REKHA BORANA),J

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266-T.Singh/-

Board of Secondary Education v. Mohit Wadera

Case brief

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Board of Secondary Education v. Mohit Wadera

Case brief

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