Jyotiraditya Mahanta vs The Union Of India And 6 Ors
2022 Latest Caselaw 2126 Gua

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GAHC010088432022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/3349/2022

         JYOTIRADITYA MAHANTA
         S/O- ARCHITA DAS DEY @ ARCHITA DAS MAHANTA @ ARCHITA DAS
         R/O- H.NO. 109/12, B.K KAKATI ROAD
         ULUBARI, GUWAHATI, KAMRUP (M), ASSAM, PIN-781007

         VERSUS

         THE UNION OF INDIA AND 6 ORS.
         MINISTRY OF EDUCATION, REP. BY THE SECRETARY TO THE
         GOVERNMENT OF INDIA , 125/C, SHASTRI BHAWAN ,
         NEW DELHI-110001

         2:THE CHAIRPERSON
          CENTRAL BOARD OF SECONDARY EDUCATION ON (CBSE)
          SHIKSHA KENDRA-2
          COMMUNITY CENTRE
          PREET VIHAR
          DELHI- 110092.

         3:THE DIRECTOR AND REGIONAL OFFICER
          CENTRAL BOARD OF SECONDARY EDUCATION (CBSE)
         REGIONAL OFFICE NORTH EASTERN REGION
          SHILPAGRAM ROAD
         PANJABARI ROAD
          GUWAHATI
         ASSAM
          PIN-781037

         4:THE REGISTRAR
          NORTH EASTERN HILL UNIVERSITY( NEHU)
          UMSHING MAWKYNROH
          SHILLONG
          MEGHALAYA
          PIN-793022
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            5:THE REGISTRAR
             REGIONAL INSTITUTE OF SCIENCE AND TECHNOLOGY (RIST)
            TECHNO CITY
             BARIDUA

            9TH MILE
             MEGHALAYA
             PIN-793101

            6:THE PRINCIPAL
             SRIMANTA SHANKAR ACADEMY AT DISPUR
             GIRIJANANDA CHOWDHURY COMPLEX
             G.S ROAD
             BHAGESWARI THAN DISPUR
             SARUMATARIA
             GHY-781006

            7:THE PRINCIPAL
             CHRIST JYOTI SCHOOL
            PREMNAGAR
             DHING ROAD
             NAGAON
            ASSAM
            PIN-78200

Advocate for the Petitioner   : MR. R P SARMAH

Advocate for the Respondent : ASSTT.S.G.I.




                                             BEFORE
                 HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

                                          ORDER

14-06-2022

Heard Mr. R. P. Sarmah, learned Senior counsel assisted by D. Doley, learned counsel for the petitioner and Mr. J. Saikia, learned counsel appearing on behalf of Mr. S. S. Roy, learned CGC for the respondent No.1. Also heard Ms. R. Bora, learned Standing counsel, CBSE, for the respondent Nos. 2 and 3.

Matter relates to change of the Surname of the mother of the petitioner in his school Page No.# 3/4

certificate issued by the Central Board of Secondary Education (CBSE) with regard to his All India Secondary School Examination (AISSE), 2019 from 'Archita Das Dey' to 'Archita Das Mahanta'.

The petitioner was born on 14.10.2003 to his natural mother, Archita Das Mahanta and natural father Rupam Mahanta. His Birth Certificate obtained on 28.08.2014 reflects the name of natural mother and father, as noted above. However, natural father of the petitioner, Rupam Mahanta expired on 18.11.2011. Thereafter, his natural mother, Archita Das Mahanta got married with one Bishal Kr. Dey on 25.01.2017.

After his mother's remarriage with said Bishal Kr. Dey, she took the name of Archita Das Dey and in the Certificate of AISSE Examination, 2019 issued by the CBSE, petitioner's mother name was shown as Archita Das Dey and that of his father Bishal Kumar Dey. Moreover, the name of the petitioner was changed from Jyotiraditya Dey to Jyotiraditya Mahanta as per Court's order dated 06.10.2021.

Petitioner's Voter Identity Card issued on 31.12.2021, Pan Card issued by the Income Tax Department of the Union of India, Aadhaar Card issued on 12.11.2021 and Passport earlier issued on 13.04.2009, renewed thereafter, on 02.09.2014 reflects petitioner mother's name as Archita Das Mahanta and father's name as Rupam Mahanta. Moreover, petitioner's Bank Account also reflects that his natural guardian is Archita Das Mahanta, i.e., his mother.

In this regard, Mr. R. P. Sarmah, learned Senior counsel appearing for the petitioner relied on a judgment of the Hon'ble Apex Court in 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, wherein the Court in paragraph-194 have held as follows:--

"As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate ."

Issue notice, returnable by 20.07.2022.

As Mr. J. Saikia, learned counsel appearing on behalf of Mr. S. S. Roy, learned CGC and Page No.# 4/4

Ms. R. Bora, learned Standing counsel, CBSE, have accepted notices on behalf of the respondent No.1; 2 and 3, respectively, no formal notices need be issued to those respondents.

Petitioner shall serve requisite extra copies of this writ petition including the Annexures appended thereto to Mr. J. Saikia, learned counsel appearing on behalf of Mr. S. S. Roy and Ms. R. Bora, by tomorrow, obtaining necessary acknowledgment from them in that regard.

Petitioner shall also take steps for service of notice on the respondent Nos. 4, 5, 6 and 7 by Registered post with A/D by tomorrow, i.e., 15.06.2022, providing their correct and proper addresses with requisite postal stamps.

List accordingly.

JUDGE

Comparing Assistant