Gauhati High Court
Rizwan Ahmed vs Central Board Of Secondary ... on 10 August, 2022
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GAHC010006202021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/356/2021
RIZWAN AHMED
S/O ABDUL MATLIB AHMED
BY RELIGION ISLAM, RESIDENT OF HOUSE NO. 10, SATGAON, DALBARI,
PO UDAYAN VIHAR, PS SATGAON, GUWAHATI 781027, KAMRUP M ASSAM
VERSUS
CENTRAL BOARD OF SECONDARY EDUCATION AND 2 ORS
REPRESENTED BY THE CHAIRPERSONS, 2, COMMUNITY CENTRE, SIKSHA
KENDRA, CBSE, HEAD QUARTERS, PREET VIHAR ,NEW DELHI 110602
2:THE REGIONAL DIRECTOR
CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICER
SHILPAGRAM ROAD
NEAR SHANKARDEV KALAKSHETRA PANJABARI
GUWAHATI 781037
KAMRUP (M) ASSAM
3:THE ASSISTANT SECRETARY (EXAM)
CENTRAL BOARD OF SECONDARY EDUCATION
REGIONAL OFFICEM SHILPAGRAM ROAD
NEAR SHANKARDEV KALAKSHETRA
PANJABARI
GUWAHATI 781037
DIST KAMRUP M ASSA
Advocate for the Petitioner : MR. N SHARMA
Advocate for the Respondent : SC, CBSE
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BEFORE
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR
ORDER
10th August, 2022
Heard Mr. N. Sharma, learned counsel for the petitioner as well as Ms. R.
Bora, learned standing counsel, Central Board of Secondary Education (CBSE).
The petitioner passed Class-X standard from the Army School, Narangi,
Guwahati, in the year 2006, bearing Roll No. 3116840 and the said examination
was conducted by the CBSE, wherein the name of the petitioner was recorded as
"Rizu Ahmed". Due to horoscopical reason, the petitioner decided to change his
name from "Rizu Ahmed" to "Rizwan Ahmed" and accordingly an affidavit was
sworn before the Notary Public, Kamrup (M), Guwahati. The same was also
published in three newspapers, i.e., in "The Times of India" on 03-02-2017, in "The
Assam Tribune" on 06-06-2015 and in "Axamiya Pratidin" on 06-06-2015.
Thereafter, the same was also published in the Assam Gazette on 25-12-2019. The
petitioner made a representation on 20-08-2019 before the Regional Office, CBSE,
Guwahati, praying for change of his name in all the documents pertaining to Class-
X. Another representation dated 11-09-2020 was also filed by the petitioner before
the Regional Officer, CBSE, Guwahati. Thereafter, the Assistant Secretary, CBSE, by
communication dated 23-02-2017, addressed to the Principal, Army Public School,
Narangi, Guwahati, informed that the change/correction of the name in respect of
the petitioner was rejected in terms of Rule 69.1 and Rule 69.1(ii) of the
Examination Bylaws of the Board.
Being aggrieved, the petitioner is before this Court praying for direction to
the CBSE authority to consider the case of the petitioner for correction of his name
from "Rizu Ahmed" to "Rizuwan Ahmed".
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Ms. Bora, learned standing counsel, CBSE, relying on the case of Jigya Yadav
(minor) (through guardian/father Hari Singh) .vs. Central Board of Secondary
Education and others, reported in (2021) 7 SCC 535, submits that the CBSE
authority will have to consider the case of the petitioner in terms of the ratio laid
down in the said judgment.
Recording the submission of Ms. Bora, learned standing counsel, CBSE, this
writ petition is disposed of directing the concerned authority of the CBSE to
reconsider the case of the petitioner in terms of the ratio laid down by the Hon'ble
Supreme Court in the case of Jigya Yadav (supra).
Let such reconsideration be done within a period of two months from the
date of receipt of a copy of this order.
With the above observations and directions this writ petition stands disposed
of.
JUDGE
Comparing Assistant
