Delhi High Court

Hemant Malviya vs Central Board Of Secondary ... on 1 July, 2015

Author: Rajiv Sahai Endlaw

         $~22
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(C) 6187/2015
         HEMANT MALVIYA                             ..... Petitioner
                          Through: Mr. Lovkesh Sawhney & Mr. Shyam
                                   Singh Chauhan, Advs.

                                     Versus

         CENTRAL BOARD OF SECONDARY
         EDUCATION (CBSE) & ANR               ..... Respondents
                      Through: Mr. Amit Bansal & Ms. Manisha
                                 Singh, Advs.
         CORAM:
         HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
                      ORDER

% 01.07.2015

CM No.11243/2015 (for exemption) Allowed, subject to just exceptions.

The application is disposed of.

W.P.(C) 6187/2015

1. This petition is filed seeking mandamus to the respondents Central

Board of Secondary Education (CBSE) to incorporate and give effect to the

change in name of the petitioner, his father as well as his mother from that

given in the Senior School Certificate Examination, 2011 and in All India

Secondary School Examination, 2008 certificates issued to the petitioner, to

that as stated to be the changed names.

2. It is the case of the petitioner, i) that in the school records, his name

was earlier entered as Hemant Kumar, his father's name was entered as

Surat Singh Tooria and his mother's name was entered as Gaura Bai Tooria;

ii) that all three of them have changed their name to Hemant Malviya, Gulab

Malviya and Pramila Malviya respectively by following the procedure

prescribed in law and the said change has also been carried out in the school

records and the school has forwarded the application for change of name

duly supported by requisite documents to the respondent CBSE; and, iii) that

though the respondent CBSE vide letter dated 26th September, 2014 sought

certain other documents from the petitioner and which were duly supplied

by the petitioner but the change has not been affected as yet. Hence this writ petition.

3. The counsel for the respondent CBSE appears on advance notice and

states that as per his instructions no change in name can be permitted after

the certificate has been issued. He, in this regard, draws attention to bye-law

69.1 of the Examination Bye-laws of the CBSE as reproduced in the petition

as under:

"69.1 Changes and corrections in Name

(i) No change in name / surname once recorded in the Board's records shall be made. However, correction in the name to the extent of correction in spelling errors, factual typographical

errors in candidate's name / surname, father's name / mother's name or guardian'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.

Provided further that in no case, correction shall include alteration, addition, deletion to make it different (except as mentioned above) from the LOC or the school records.

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

(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 affect necessary corrections after verification of the Original records of the school and on payment of the prescribed fee."

and contends that only correction is permitted and not change of name as has

been sought. It is further contended that the change effected in the school

records is also of a date after the issuance of the certificates aforesaid and of

no avail.

4. However in another matter listed yesterday, the counsel appearing for

the respondent CBSE had handed over a copy of bye-law 69.1 as was stated

to be the amended bye-law, and which is as under:

"69. Changes in Board's Certificate.

         69.1       Changes and Corrections in Name
                    i)     Change in name of candidate / Father / Mother /

Guardian once entered in the Board's record at any stage while studying in Class IX, X, XI, XII or thereafter, within a period of ten years from the date of issue of first such document shall be considered on written request of the Candidate (not minor) / father / mother / guardian duly forwarded by the Head of the Institution supported by the following documents:

a) Original copy of two newspapers (daily English / Hindi newspaper at National level & daily newspaper in a vernacular language circulated in the locality), in which the desired change has been published.

b) Original Affidavit duly sworn before the Judicial Magistrate, First Class / metropolitan Magistrate / Executive Magistrate / Sub Divisional Magistrate.

c) Original copy of Publication in Government Gazette.

         d)         Payment of prescribed fee.
         e)         True copy of admission form filled in by the parents duly updated

as per Gazette Notification of desired change and duly attested by the Head of the concerned institution.

f) True copy of School Leaving Certificate of the previous school submitted by the parent / candidate at the time of admission and updated as per Gazette Notification of desired change, duly attested by the Head of the concerned institution.

g) True Copy of the page of admission and withdrawal register of the school where the entry has been made in respect of candidate showing updation as per Gazette Notification of desired change, duly attested by the Head of the concerned institution.

ii) Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidate's name/Surname, Father's name/Mother's name or Guardian'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 ten years f the date of declaration of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents:

a) True Copy of Admission form(s) filled in by the parents at the time of admission duly attested by the Head of the concerned institution.

b) True Copy of the School Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission duly attested by the Head of the concerned institution.

c) True copy of the portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate, duly attested by the Head of the concerned institution.

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

         iv.        in case of change the document(s) will have a caption that may be
                    read as "CHANGE ALLOWED IN NAME/FATHER'S

                     NAME/MOTHER'S NAME/GUARDIAN'S NAME FROM
                    _______   TO______ON    (DATED________)     AS      PER
                    REQUEST    OF   THE    CANDIDATE    AND     GAZETTE

NOTIFICATION NO._________DATED________."

5. It thus appears that the bye-law reproduced by the petitioner himself

in the petition is an old bye-law and is not the now prevalent bye-law. The

counsel for the respondent CBSE on enquiry confirms that the copy of the

bye-law handed over yesterday and as reproduced above is the correct copy

of the prevalent bye-law.

6. A perusal of the prevalent bye-law 69.1 shows that the change in

name as distinct from correction in name is indeed permissible within a

period of ten years from the date of issuance of the certificates. Once that is

so, the arguments of the counsel for the respondent CBSE that only

correction of name is permissible and that change in name affected after the

issuance of the certificate cannot be incorporated in the CBSE records

cannot be sustained.

7. The petitioner in the petition has stated that the school has forwarded

the request of the petitioner to the respondent CBSE and though has along

with the petition not filed a copy of the letter of the school but has filed a

copy of the courier receipt vide which the said documents were sent by the

school to the CBSE. However, a perusal of the said courier receipt shows

the petitioner as the consignor of the article so couriered. It thus cannot be

confirmed at this stage that it is the school which has forwarded the request

for change of name of the petitioner and his parents to the CBSE. The

requirement of the bye-law aforesaid being for such a change to be

considered by the CBSE only on a written request forwarded by the head of

the institution supported by the documents, in issuing any direction to CBSE

no purpose would be served if the school has not done so.

8. The counsel for the respondent CBSE states that he has no

instructions at this stage whether any such request has been received from

the school or not.

9. The counsel for the petitioner at this stage states that without entering

in the said controversy, the petitioner shall ensure that such a request is now

forwarded by the head of the school to the respondent CBSE.

10. Accordingly, this petition is disposed of with the following directions:

(a) The respondent CBSE to, if has already received the request for

change of names aforesaid from the School in which the

petitioner has studied, to consider the said request in

accordance with bye-law 69.1 (supra) and to pass the requisite

order thereon.

(b) If the request from the school has not been received till date,

the petitioner to take steps for having such a request forwarded

from the school and upon receipt of such a request, the

respondent CBSE to consider the same and pass appropriate

orders thereon, again in accordance with bye-law 69.1 (supra).

(c) In view of the urgency expressed by the petitioner, it is further

directed that the said request be considered and disposed of

within a period of 45 days either from today if the request has

already been received or within 45 days of the receipt of the

request from the school.

(d) It is further clarified that if any deficiency is found in the

request, the petitioner shall be given an opportunity to make up

the said deficiency, all within the aforesaid period of 45 days as

aforesaid.