Delhi High Court
Central Board Of Secondary ... vs Ms. Jyoti on 24 August, 2020
$~2.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 24th August, 2020
+ LPA 219/2020
CENTRAL BOARD OF SECONDARY EDUCATION ..... Appellant
Through: Mr.Amit Bansal, Adv.
Versus
MS. JYOTI ..... Respondent
Through: Dr.N.Pradeep Sharma with
Mr.S.K.Rout, Adv.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D.N. PATEL, Chief Justice (Oral)
Proceedings in the matter have been conducted through video
conferencing.
C.M.No.20026/2020 (exemptions)
Allowed, subject to all just exceptions.
The application is disposed of.
C.M.No.20027/2020 (exemptions from filing attested affidavits)
For the reasons stated in the application and in view of the present
prevailing situation, the present application is allowed. However, the
applicant is directed to file duly signed and affirmed affidavits within a
period of one week from the date of resumption of regular functioning of the
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:26.08.2020
13:47:39
Court.
The application is disposed of.
LPA 219/2020 & C.M.No.20025/2020(stay)
1. This appeal has been preferred by the original respondent in W.P.(C)
No.10841/2019 which was decided vide judgment and order dated 6th
February, 2020 (Annexure A-1 to the memo of this appeal) whereby the
addition of surname of the Respondent herein in the certificates of 10th and
12th Standards was allowed.
2. W.P.(C) No.10841/2020 was preferred by the respondent herein with
the following prayers:-
"(a) Issue a writ of Mandamus or any other appropriate Writ,
order or direction to the Respondent to proceed in
accordance With law;
(b) Set Aside / Modify the Order Dated 05.09.2019
communicated by Section Officer (M&M) of the
Respondent and allow the change of name of the
Petitioner in Secondary and Senior Secondary
examination records and other related documents which
are within the-power and custody of the Respondent.
(c) Pass such other or further order(s) as may be deemed fit
and proper in the Facts and circumstances of the present
case."
3. The respondent (original writ petitioner) appeared in the Class X and
XII examinations conducted by the appellant-Board, and her name is entered
in the records of the Board as "Jyoti". The names of her parents are also on
the record, both with the surname "Dalal". The respondent has since
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:26.08.2020
13:47:39
qualified as a doctor and wishes to go overseas for further studies, for which
purpose she requires the addition of the surname "Dalal" in her Class X and
XII records. This was declined by the appellant-Board, but the learned
Single Judge has, by the impugned order dated 6th February, 2020 directed
the Board to carry out the necessary modification in its records.
4. Having heard the learned counsel for the parties and looking to the
facts and circumstances of the case, it appears that the names of the father
and mother of the respondent -Jyoti are mentioned in the certificates as Ved
Pal Dalal and Kulwant Dalal respectively. Therefore, addition of the
surname 'Dalal' after the name of the student - Jyoti will not cause any
adverse effect or prejudice to the appellant. Moreover, it further appears
from the facts of the case that the respondent - Jyoti has completed her
MBBS and now she wants to go abroad for further studies. However, as
noted by the learned Single Judge in the impugned order, while filling up the
application form for Professional and Linguistic Assessments Board (PLAB)
test, conducted by the General Medical Council, U.K, she was required to
enter her surname. Thus, there is a genuine reason for which the respondent
requires her surname to be incorporated in the records.
5. Learned counsel for the appellant has relied upon the Judgment of
Division Bench of this Court dated 23.1.2017, rendered in LPA No.41 of
2017, titled Aditya Srivastava (Minor) through Natural Guardian Mother
vs. Central Board of Secondary Education & Anr.; Judgment dated
26.7.2018, rendered in W.P.(C) No.7755/2017, titled Yashika Kapoor @
Neha Kapoor vs. Central Board of Secondary Education & Anr. and
judgment dated 23.9.2019, passed in W.P.(C) No.8270/2019, titled
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:26.08.2020
13:47:39
Sh.Tajinder Singh Sachdev vs. The Regional Officer Central Board of
Secondary Education and Anr.
6. Looking to paragraph-11 of the impugned judgment and order dated
6th February, 2020, the aforesaid decisions have been rightly dealt with by
the learned Single Judge holding that they are based upon different facts and
circumstances and, therefore, not applicable to the facts of the present case.
7. The appellant - Board in support of its case has relied upon Clause
69.1(i) of the Examination Bye-Laws relating to correction and change in
name and period for correction in date of birth, which reads as under:-
"69(1)(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
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:26.08.2020
13:47:39
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-"
8. Looking to the peculiar facts and circumstance of the present case, we
are of the opinion that the same does not fall under the ambit of Clause
69(1)(i) of the Examination Bye-Laws as :-
a) This is not a case of change of name, but of incorporation of the
surname of the person concerned,
b) This is not a case where something which was altogether
omitted is to be added, as the parents' names were available in
full in the records of the appellant-Board,
c) The respondent (original petitioner) in this case carries the
surname of the father and the mother which she wanted to
mention after her name. There is no dispute about her identity
or confusion about the veracity of the name which she seeks to
incorporate.
9. In view of the above, no error has been committed by the learned
Single Judge in passing the impugned order and therefore we see no reason
to take any other view than what is taken by the learned Single Judge. The
appeal is accordingly dismissed.
10. It is, however, clarified that this order has been passed keeping in
mind the peculiar facts and circumstances of the present case and shall not
be treated as a precedent regarding relaxation of Clause 69(1)(i) of the
Examination Bye-Laws. If any controversy arises with respect to Clause
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Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:26.08.2020
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69(1)(i) of the Examination Bye-Laws in any future case, the same shall be
dealt with on its own merits.
CHIEF JUSTICE
PRATEEK JALAN, J
AUGUST 24, 2020
„anb‟
Signature Not Verified
Digitally Signed By:PANKAJ
KUMAR
Location:
Signing Date:26.08.2020
13:47:39
