Bombay High Court
Kartik Shriniwas Bandewar vs Central Board Of Secondary Education ... on 20 March, 2025
2025:BHC-AUG:8459-DB
Writ Petition No.8722/2018
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8722 OF 2018
Kartik s/o Shriniwas Bandewar,
Age 18 years, Occu. Student,
R/o At Post Sonkhed, Tq. Loha,
District Nanded ... PETITIONER
VERSUS
1) Central Board of Secondary Education (CBSE)
Regional Office, J-Block, 16th Main Road,
Anna Nagar (West), Chennai 600 040
(Copy to be served through Assistant
Solicitor General of India, High Court,
Bench at Aurangabad)
2) The Principal,
Nagarjuna Public School, Kawatha,
Nanded ... RESPONDENTS
.......
Mr. U.B. Bondar, Advocate for Petitioner
Mr. Swapnil Joshi, Advocate with Mr. Chetan Chaudhari,
Advocate i/by J.P. Legal Associates for Respondent No.1.
.......
CORAM: ALOK ARADHE, CJ. &
S.G. CHAPALGAONKAR, J.
DATE: 20th MARCH, 2025.
ORAL JUDGMENT (PER : CHIEF JUSTICE) :
1. Rule. Rule is made returnable forthwith. By
consent of the learned Counsel for the parties, the Writ
Petition is heard finally.
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2. In this Writ Petition, the petitioner inter-alia seeks
a writ of certiorari for quashment of communication dated
3/5/2018, by which the prayer of the petitioner for correction
of his name in the 10 th Standard mark sheet has been
rejected by the Central Board of Secondary Education on the
ground that the same is not supported by school record.
3. Facts giving rise to filing of the Petition, in
nutshell, are that, uncle of the petitioner got him admitted in
1st Standard in Nagarjuna Public School, Kawatha, District
Nanded and wrongly got the name of the Petitioner recorded
as Kartik s/o Shriniwas Merupulla. The father of the
Petitioner is semi-literate, educated up to 4 th Standard only
and did not notice the discrepancy which has occurred in the
name of the Petitioner. The Petitioner, after passing 10 th
Standard examination, noticed the same.
4. Thereupon, the Petitioner took steps to change his
surname and the same was notified in the Gazette of the
State Government, dated 27/11/2015, wherein the name of
the Petitioner was mentioned as Kartik Shriniwas Bandewar,
instead of Kartik Shriniwas Merupulla. It is pertinent to note
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that, on the basis of the aforesaid Gazette, the name of the
Petitioner has been corrected in the mark sheet issued to the
Petitioner for 11th Standard and thereafter in respect of the
mark sheet issued by the Maharashtra Secondary Board of
and Higher Secondary Education for 12th Standard.
5. The Petitioner thereafter approached the Central
Board of Secondary Education to correct his surname in the
10th Standard mark sheet. However, the aforesaid prayer of
the Petitioner was rejected by a communication dated
3/5/2018, inter-alia on the ground that the name of the
Petitioner is not supported by school record. In the aforesaid
factual background, this Petition has been filed.
6. Learned Counsel for the Petitioner submitted that,
the Regional Office of the Central Board of Secondary
Education ought to have appreciated that the name of the
Petitioner has already been changed and the same has been
notified in the Gazette issued by the State Government. It is
further submitted that, on the basis of the aforesaid Gazette,
subsequently in the mark sheet of 11th Standard, the name of
the Petitioner has already been changed and subsequently in
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the mark sheet issued by the Maharashtra State Board of
Secondary and Higher Secondary Education, the name of the
Petitioner has already been changed. Therefore, the action of
the Respondent in rejecting the prayer of the Petitioner for
change of name without considering the aforesaid facts is
arbitrary and the impugned order suffers from the vice of
non-application of mind.
7. On the other hand, learned Counsel for the
Respondent No.1 submitted that, the change in the name is
permissible only under Rule 69.1 (i) of the Rules framed by
the CBSE for change of date of birth and name. It is
submitted that, the change in the name of the Petitioner is
required to be made by Court of law and has to be notified in
the Government Gazette.
8. We have considered the rival submissions of both
the sides and have perused the record.
9. The relevant extract of the CBSE Rules for Change
in Date of Birth and Name reads :
"69.1(i) : Application regarding changes in name
or surname of candidates may be considered,
provided the changes have been admitted by the
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Court of law and notified in the Government
Gazette before the publication of the result of the
candidate."
10. Thus, it is evident that, a prayer for change of
name can be entertained by the Central Board of Secondary
Education only if the change in name has been made by
Court of law and notified in the Government Gazette. In the
instant case, the name of the Petitioner was changed and the
same was published in the Government Gazette dated
27/11/2015, issued by the State Government. On the basis
of the aforesaid Gazette, the name of the Petitioner was
already changed in the mark sheet issued to him for the 11 th
Standard and by the Maharashtra State Board of Secondary
and Higher Secondary Education for the 12th Standard.
11. The Respondents have not filed any affidavit-in-
reply to deny the averments made in the Petition. Therefore,
it is not the case of the Respondents that the correct name of
the Petitioner is Kartik Shriniwas Merupulla. Rule 69.1(i) only
provides that changes in the name or surname of the
candidates may be admitted by the Court of law and notified
in the Official Gazette before publication of the result of
candidate. Rule 69.1(i) does not provide that only in the
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contingency mentioned in the Rule, change of name shall be
made. Therefore, in the peculiar facts of the case, we deem
it appropriate to direct the competent authority of the Central
Board of Secondary Education to correct the name of the
Petitioner in the 10th Standard mark sheet and migration
certificate and to mention his name as Kartik Shriniwas
Bandewar. Accordingly the Petition is disposed of. Rule made
absolute in above terms.
(S.G. CHAPALGAONKAR, J.) (CHIEF JUSTICE)
FMPathan/-
