Aditesh Kumar Sinha vs Regional Officer
2021 Latest Caselaw 3240 MP

           THE HIGH COURT OF MADHYA PRADESH

                          W.P. No.94/2021
    (Aditesh Kumar Sinha and another v. Regional Officer and Others)

Jabalpur, Dated : 13.07.2021
     Shri Akash Singhai, Advocate for the petitioners.
     Shri Rajesh Maindiretta, learned counsel for respondent no.1-

the main contesting respondent.

They are heard.

The instant petition has been filed by the petitioners under Article 226 of the Constitution of India wherein they have claimed a relief that in the mark-sheets issued by the respondent no.1 of the petitioners, the surname of their parents have wrongly been shown as 'Sinha' whereas it should have been 'Shrivastava', therefore, they are seeking correction in the mark-sheets issued by the respondent no.1. The mark-sheets in which correction has been sought are filed as Annexure R/1 and R/2 by the respondent no.1 along with their reply.

The claim of the petitioners though was rejected by the respondent no.1 on the ground that the said change cannot be made under the provisions of Examination By-laws, especially Rule 69.1(i) which reads as under:-

"69.1(i) Applications regarding changes in name or surname of candidates/parents may be considered provided the changes have been admitted by the Court of Law and notified in the Government Gazette before the publication of the result of the candidate."

Learned counsel for the respondent no.1 has also submitted that in the same set of facts, this Court has decided the petition, i.e. W.P. No. 14112/2019 vide order dated 15.12.2020 and that order is also available on record as Annexure R-1/14.

Learned counsel for the petitioners submits that in a recent judgment of the Supreme Court decided on 03.06.2021 in the case of Jigya Yadav (Minor) through Guardian/Father Hari Singh Vs. C.B.S.E. (Central Board of Secondary Education) and Others

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passed in Civil Appeal 3572/2019, the Supreme Court has suggested the C.B.S.E. for making amendment in the rules and also observed in the order that if any change in the name of the student is sought, the same can be done considering their name in the school record or public documents and if such request is made then the same can be accepted and correction accordingly can be done by the C.B.S.E. The relevant paragraph in which it is observed by the Supreme Court reads as under:-

(b). However, in the latter situation where the change is to be effected on the basis of new acquired name, without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant."

Considering the aforesaid and perusal of the documents which are public documents filed by the petitioners showing that in the names of parents of the petitioners, surname is shown as 'Shrivastava' whereas in the mark-sheets, i.e. Annexure R/1 and R/2, it is shown as 'Sinha' and it may create problem in future for

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the petitioners and, therefore, they are seeking correction in the mark-sheets so as to avoid any further complication and requesting that C.B.S.E. be directed to issue fresh mark-sheets correcting the surname of the parents of the petitioners.

Considering the aforesaid and taking note of the order passed by the Supreme Court in the case of Jigya Yadav (supra), I am inclined to dispose of this petition directing the respondent no.1 to make necessary correction in the mark- sheets, Annexure R/1 and R/2 of the petitioners taking note of the directions issued by the Supreme Court in the case of Jigya Yadav (supra) comparing the surname of the parents of the petitioners in the public documents filed by them. The authority is further directed that if they want any further information, they may call the parents of the petitioners and ask them to produce the public documents in original form showing the actual surname used in the public documents so that proper correction in the mark-sheets, Annexure R/1 and R/2 be made. The aforesaid exercise be completed by the respondent no.1 within the period of two months from the date of submitting copy of the order.

Petition is accordingly disposed of.

(Sanjay Dwivedi) Judge rao

Digitally signed by SATYA SAI RAO Date: 2021.07.14 17:48:50 +05'30'