Navee @ Naveen Dogra & Other vs Cbse
2013 Latest Caselaw 5354 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                       Date of Decision: 21.11.2013

+                          WP(C) No.24753-54/2005


       NAVEE @ NAVEEN DOGRA & OTHER                     ..... Petitioner

                           Through: None.

                           versus

       CBSE                                         ..... Respondent

                           Through: Mr Atul Kumar, Adv.

CORAM:
HON'BLE MR. JUSTICE V.K.JAIN

                              JUDGMENT

V.K.JAIN, J. (ORAL)

Petitioner No.1 appeared in Delhi Senior Secondary Examination

conducted by CBSE in the year 2000 and Delhi Senior School

Certificate Examination held by the said Board in the year 2002. In the

certificates issued to him by CBSE, the name of petitioner No. 1 was

recorded as Naveen Dogroa, son of Matwar Dogra. The petitioners gave

public notice in newspapers on 30.09.2005, changing the name of

petitioner No. 1 from Naveen Dogra to Naveen and the name of

petitioner No.2 from Matwar Dogra to Matwar Singh. A declaration in

the Gazette of India, Part-IV (Advertisements and Notices issued by

Private Individuals and Private Bodies) dated October 29-Novemebr 4,

2005, was also published to the aforesaid effect. Vide letter dated

14.12.2005 received by CBSE on 15.12.2005, petitioner No. 1 sought

change of his name in the record of CBSE from Naveen Dogra to

Naveen with name of his father as Matwar Singh. Immediately

thereafter, he filed this writ petition on 17.12.2005 seeking a direction to

CBSE to change the name of petitioner No.1 from Naveen Dogra to

Naveen and the petitioner No.2 form Matwar Dogra to Matwar Singh,

along with further direction to issue certificates, as per the changed

name of petitioner No. 1.

2. In its counter-affidavit, respondent-CBSE claimed that a writ

petition for change of name of the petitioner without their first

complying with the requirements of Examination Byelaws of the Board

is not maintainable. It is further stated in the counter-affidavit that under

the relevant Examination Byelaws, the change in the name has to be first

admitted in the Court of law and thereafter published in a Gazette,

before a request can be made to CBSE for change of the name.

3. Byelaw 69.1 of the Examination Byelaws of CBSE reads as

under:-

"69.1 Changes and Corrections in Name

(i) Correction in name means correction in spelling errors, factual errors, 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. Change in name also includes alteration, addition, deletion to make it different from the school records.

(ii) Application for correction in name/surname will be considered only within two years of the date of declaration of result provided that the application of the candidate is forwarded with the following document:

(a) Admission form(s) filled in by the parents at the time of admission.

(b) The School Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission.

(c) Portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate.

(iii) The Board may effect necessary corrections after verification of the Original records of the school and on payment of the prescribed fee.

(iv) Applications regarding change in name/surname may be considered provided the changes have been permitted by a Court of Law and notified in a Government Gazette. In the event of Court of Judicature allowing the change of name of a candidate,

the same shall be carried out by the Board after obtaining relevant documents concerning change of name published in an official gazette."

Mr Atul Kumar, who appears for CBSE, states that the aforesaid

byelaw has since been amended and the requirement under the new

byelaw is that change of name is to be made first in the record of the

schools in which the candidates had studied and only thereafter it can be

allowed by CBSE in its record.

4. A perusal of the above extracted byelaw would show that as far as

correction in the name is concerned, the same can be allowed only if the

name in the record of CBSE is different from the name in the record of

the concerned school. This can be allowed only within a period of two

years from the date of declaration of the result and the request in this

regard to be submitted with admission form, school leaving certificate

and portions of the relevant page of admission and withdrawal register

of the school of the applicant. As regards change of name/surname, the

byelaw requires the applicant to submit an order from a Court of law

and notification in a Government Gazette before change in the record of

CBSE can be allowed. In my view, the requirement to submit an order

from a Court of law permitting change in the name is wholly unjustified

and in fact impossible to comply since a Court of law does not intervene

in a matter of change of name, unless someone questions such change of

name. In case it is assumed that under the Byelaw, the person seeking

change of name in the record of CBSE is to bring an order from a Civil

Court, no such order can be obtained since there will be no defendant if

a civil suit is to be filed by the applicant. A civil suit for declaration can

be filed only if someone is denying or disputing the changed name of

the applicant. It appears that requirement of submitting an order from a

Court of law has been incorporated in the byelaw, without appreciating

this aspect of the matter and without realizing that in the absence of a

lis, no order can be passed by a Court with respect to change of the

name of a person. The byelaw 69.1 of Examination Byelaws, to the

extent it requires the applicant to submit a Court order permitting

change of his name being faulty, therefore, needs to be ignored from

consideration. The only requirement which then remains is notification

of the declaration of change of name in the Official Gazette. The

petitioners before this Court have published a declaration in a

newspaper with respect to change of the name of petitioner No. 1 from

Naveen Dogra to Naveen and that of petitioner No. 2 from Matwar

Dograt to Matwar. The aforesaid declaration has also been published in

the Gazette Notification dated 30.09.2005. The respondent-CBSE,

therefore, is directed to change the name of petitioner No.1 in its record

as Naveen, son of Matwar Dingh and issue fresh/corrected certificates of

Delhi Senior Secondary Examination, 2000 and Delhi Senior School

Certificate Examination, 2002, after petitioner No.1 submits the original

certificates to CBSE and deposits the requisite charges in this regard.

The aforesaid direction shall be complied with within four weeks of

petitioner No.1, surrendering the original certificate. No order in respect

of petitioner No. 2 is required since he did not appear in the examination

conducted by CBSE. However, change in his name would be necessary

considering that the name of the father of petitioner No. 1 has been

incorporated in the certificates issued to him by CBSE and in the

absence of change in the name of the father, there may be confusion in

future as to how the surname Dogra does not find mention in the name

of petitioner No. 1, though it is mentioned in the name of his father.

The writ petition stands disposed of in terms of the aforesaid

direction.

No order as to costs.

NOVEMBER 21, 2013                                          V.K. JAIN, J.
BG