Delhi High Court
Albin Baby vs Central Board Of Secondary ... on 31 January, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision - 31.01.2018
+ W.P.(C) 2029/2017
ALBIN BABY ..... Petitioner
Through Mr.Wills Mathews, Advocate.
versus
CENTRAL BOARD OF SECONDARY EDUCATION & ORS
..... Respondent
Through Mr.Ashok Kumar, Advocate for
R-1.
Mr.Ajit Singh Arora with Mr.J.K.Sharma,
Advocates for R-2.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
REKHA PALLI, J (ORAL)
1. The Petitioner, a student of Respondent No.2-school seeks
issuance of a direction to Respondent No.1 to correct the error in
spelling the name of his mother as appearing in the 'Grade Sheet cum
Certificate of Performance' dated 28.05.2015 issued by Respondent
No.1. The Petitioner had appeared for his class 10th board
examination conducted by Respondent No.1 in the academic year
2014-2015 as a student of Respondent No.2-school. In the Class 10th
„Grade Sheet cum Certificate of Performance‟ issued by Respondent
No.1 on 28.05.2015 the name of his mother was recorded as
"Sophiama Baby".
2. The Petitioner states that the first name of his mother is actually
spelt as "Sophiamma" and not only does he have his birth certificate
but also other documents including her passport and her identity card
issued by the Election Commission which record her name as
"Sophiamma Baby". It is the case of the Petitioner that even in the
admission form filled by his parents at the time of seeking admission
in the Respondent No.2-school his mother‟s name was correctly
reflected as "Sophiamma Baby".
3. It is the case of the Petitioner that when he obtained the 'Grade
Sheet cum Certificate of Performance', he learnt that the first name of
his mother had been recorded incorrectly as "Sophiama". It is
submitted that upon learning the mistake in the recording of the name
of his mother the Petitioner's father had submitted an application to the
Respondent No.2-school who upon realising the mistake in the
certificate issued by Respondent No.1 had duly forwarded the request
made on behalf of the Petitioner‟s father to Respondent No.1. Whilst
forwarding the application for the correction of the Petitioner‟s
Mother‟s name, the Respondent No.2 school had also annexed the
duly attested admission forms of the Petitioner to Respondent No.1
but no response was received from the CBSE. In these circumstances
the Petitioner has approached this court.
4. In response to the Writ Petition both Respondent No.1 and
Respondent No.2 have filed separate counter affidavits. While
Respondent No.2 has clearly admitted that the name of the
Petitioner‟s mother had been correctly recorded as "Sophiamma
Baby" in the Admission form by the Petitioner‟s parents at the time of
seeking admission to the school and that there had been an inadvertent
error on the part of the school while sending the completed form to
Respondent No.1 .
5. On the other hand, Respondent No.1 has while opposing the
Petition, has placed reliance on Rule No. 69.1(ii) of its Examination
Bye-Laws and contended that an application for correction of the
name of candidate/ father/ mother/ guardian can only be considered
within one year of declaration of the results. A tabulation of the said
rule as applicable on 28.05.2015 when the petitioner‟s „Grade Sheet
cum Certificate of Performance‟ was issued and the amended rule post
25.06.2015 is reproduced below:-
III. AMENDMENT IN RULES 69.1 AND 69.2(iv) OF THE EXAMINATION
BYE-LAWS RELATING TO CORRECTION & CHANGE IN NAME AND
PERIOD FOR CORRECTION IN DATE OF BRITH
Rule No. Existing Rule Amended Rule
69.1(i) Change in name of Applications regarding changes in
candidate/Father/Mother/Guard name or surname of candidates
ian once entered in the Board‟s may be considered, provided the
record at any stage while changes have been admitted by the
studying in Class IX, X, XI, XII Court of law and notified in the
or thereafter, within a period of Government Gazette before the
ten years from the date of issue publication of the result of the
of first such document shall be candidate.
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.
69.1(ii) Correction in name to the extent Correction in name to the extent of
of correction in spelling errors, correction in spelling errors, factual
factual typographical errors in typographical errors in the
the Candidate‟s name/Surname, Candidate‟s name/Surname,
Father‟s name/Mother‟s name Father‟s name/Mother‟s name or
or Guardian‟s name to make it Guardian‟s name to make it
consistent with what is given in consistent with what is given in the
the school record or list of school record or list of candidates
candidates (LOC) submitted by (LOC) submitted by the school
the school may be made. may be made.
Application for correction in
name of Application for correction in name
Candidate/Father‟s/Mother‟s/G of
uardian‟s name will be Candidate/Father‟s/Mother‟s/Guard
considered only within ten ian‟s name will be considered only
years of the date of declaration within one year of the date of
of result provided the declaration of result provided the
application of the candidate is application of the candidate is
forwarded by the Head of forwarded by the Head of
Institution with the following Institution with the following
attested documents: attested documents:
a) True Copy of Admission a) True Copy of Admission form(s)
forms(s) filled in by the parents filled in by the parents at the time
at the time of admission duly of admission duly attested by the
attested by the Head of the Head of the concerned institution.
concerned institution. b) True Copy of the School
b) True Copy of the School Leaving Certificate of the previous
Leaving Certificate of the school submitted by the parents of
previous school submitted by the candidate at the time of
the parents of the candidate at admission duly attested by the
the time of admission duly Head of the concerned institution.
attested by the Head of the c) True copy of the portion of the
concerned institution. page of admission and withdrawal
c) True copy of the portion of register of the school where the
the page of admission and entry has been made in respect of
withdrawal register of the the candidate, duly attested by the
school where the entry has been Head of the concerned institution.
made in respect of the candidate
duly attested by the Head of the
concerned institution.
6. Having considered the rival submissions made on behalf of the
parties and having perused the documents on record, one thing that
becomes crystal clear is that this is a case involving an error in the
spelling of the name of the petitioner‟s mother which has occurred
without there being any fault on the part of the Petitioner or his
parents. Respondent No. 2 has clearly admitted the fact that there was
an inadvertant error on their part in sending thee Petitioner‟s form to
CBSE with the misspelt name of the Petitioner‟s mother. Even though
reliance has been sought to be placed by the Ld. Counsel for
Respondent No. 1 on its amended examination Bye-Laws which were
notified on 25.06.2015, it is not denied that the mistake in the present
case pertains to a certificate issued prior to the notification of the
amended bye laws. The ld. counsel for Respondent No.1 has not been
able to deny the fact that, as per the bye laws prevailing prior to
25.06.2015, a period of 10 years was available for seeking correction
of names and the certificate in question having been issued on
28.05.2015.
7. However without going into the question whether the curtailed
period of limitation of 1 year provided in the Bye-Laws, as amended
on 25.06.2015, could be made applicable to the present case where the
certificate in which correction is sought was issued on 28.05.2015 i.e.
prior to the coming into force of the amended Bye-Laws, I am of the
considered opinion that in view of the undisputed position that the
spelling mistake has occurred only because of the fault of the
respondent no.2 school, the petitioner‟s academic career cannot be
jeoparadised. I, therefore, reject the objection raised by Respondent
No. 1 that the correction as sought for by the petitioner cannot be
allowed in view of the limitation of 1 year provided in amended Rule
No. 69.1(ii) of the Examination Bye-Laws.
8. Thus, in the aforesaid facts and circumstances the present
petition is liable to succeed and accordingly a direction is issued to
Respondent No. 1 to rectify the error in the name of the Petitioner‟s
mother in the 'Grade Sheet cum Certificate of Performance' dated
28.05.2015 issued by Respondent No. 1, which shall now read as
„Sophiamma Baby‟ instead of „Sophiama Baby‟. The needful be done
within two weeks.
9. The Writ Petition is allowed in the above terms, with no order
as to costs.
(REKHA PALLI)
JUDGE
JANUARY 31, 2018
Keshav
