Delhi High Court
Raj Bhandari vs Central Board Of Secondary ... on 27 February, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27th February, 2019
+ W.P.(C) 8589/2017
RAJ BHANDARI ..... Petitioner
Through: Mr. Banamali Shukla, Adv.
with petitioner in person
versus
CENTRAL BOARD OF SECONDARY
EDUCATION AND ANR ..... Respondents
Through: Mr. Atul Kumar, Adv. for R-1
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
% J U D G M E N T (ORAL)
1. The petitioner appears to be a man with multiple identities.
2. In his birth certificate, the petitioner's name is shown as
"Rajender Bhandari".
3. The petitioner passed his X class examination in 2006 and his
XII class examination in 2008. The certificates issued by the Central
Board of Secondary Education (hereinafter referred to as "the
CBSE"), on both the occasions, reflected the name of the petitioner as
"Rajender Singh"
4. Thereafter, the petitioner obtained his B.Com degree in 2012.
In his B.Com degree, dated 14th January, 2012, the name of the
petitioner is reflected as "Bhandari Rajender Rupender".
5. Much after this, on 11th April, 2015, the petitioner inserted the
following notification in the official Gazette:
"It is for general information that I, Raj Bhandari son of
Rupender Singh residing at RZ-7A, Block B, Gali no. 5,
Deendarpur Extn., Najafgarh, Delhi 110043 declare that
name of mine, my father has been written as Rajender
Bhandari/Rajender Singh, Rupender Bhandari in my
driving licence, educational documents, PAN data,
registration and in service documents and in other
documents. The actual name of them are Raj Bhandari
and Rupender Singh respectively which may be amended
accordingly.
It is certified that I have complied with other legal
requirements in this connection.
Sd/-
Raj Bhandari
[Signature]"
(Emphasis supplied)
6. On the basis of the said certificate, the petitioner seeks a
mandamus to the CBSE to change his name, as is reflected in the class
X and class XII certificates from "Rajender Singh" to "Raj Bhandari".
7. Mr. Banamali Shukla, learned counsel appearing for the
petitioner, submits, today, that the afore-extracted Gazette notification
was actually in the nature of a change of name, as, by the notification,
the petitioner had changed his name from "Rajender
Bhandari/Rajender Singh" to "Raj Bhandari". If this is a fact, the
petitioner would have no case to plead whatsoever, as a subsequent
change of name can, quite obviously, not constitute a basis to seek
change in the certificate issued by the CBSE prior thereto.
8. A reading of the notification, however, does not indicate that
this is the case. The notification is in the nature of a declaration that
the petitioner's name is "Raj Bhandari" and not in the form of a
change of name. The notification itself appears to be incorrect, as the
birth certificate of the petitioner, which has been handed over by the
learned counsel for the petitioner, across the Board, pursuant to a
query by this Court, indicates that the petitioner's name was, at that
stage, reflected as "Rajender Bhandari", as already noted hereinabove.
9. Clause 69.1(c), of the Bye-laws applicable to the CBSE, which
deals with applications for change of name of the student, read thus:
"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:
c) Original copy of Publication in Government
Gazette."
As per this clause, publication of the changed name in the official
Gazette prior to the declaration of result is mandatory, for any request
for change of name to be entertained.
10. In view of the fact that the name of the petitioner is entered in
his birth certificate as "Rajender Bhandari" which is itself contrary to
the Gazette notification dated 11th April, 2015 - which itself was
issued much after the issuance, by the CBSE, of the X and XII class
certificates of the petitioner - it is obvious that no writ can issue to the
CBSE, to change the name of the petitioner, in the class X and class
XII certificates and mark sheets to "Raj Bhandari".
11. In view thereof, the prayer in the writ petition, to change the
name of the petitioner, as reflected in his class X and class XII
certificates and mark sheets, issued by the CBSE, to "Raj Bhandari" is
completely unmerited.
12. The writ petition is accordingly dismissed, with no order as to
costs.
C. HARI SHANKAR, J
FEBRUARY 27, 2019
dsn
