Abhishek Dhakad Through Guardian ... vs School Education Department
2023 Latest Caselaw 4060 MP

                                                           1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                      BEFORE
                                          HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 15 th OF MARCH, 2023
                                             WRIT PETITION No. 9663 of 2019

                           BETWEEN:-
                           ABHISHEK     DHAKAD      THROUGH    GUARDIAN
                           KANWARLAL DHAKAD S/O SHRI NANDLAL JI DHAKAD,
                           AGED ABOUT 37 YEARS, OCCUPATION: LABOUR AHIR
                           MOHALLA, GRAM BHOLIYAVAS, POST BHARBHADIYA,
                           TEH. AND DISTT. NEEMUCH (MADHYA PRADESH)

                                                                                      .....PETITIONER
                           ( BY SHRI SURENDRA KUMAR PATWA-ADVOCATE) .

                           AND
                           1.    SCHOOL EDUCATION DEPARTMENT PRINCIPAL
                                 SECRETARY VALLABH    BHAWAN,  BHOPAL
                                 (MADHYA PRADESH)

                           2.    SECRETARY/DIRECTOR CENTRAL BOARD OF
                                 S ECON D ARY SHIKSHA   KENDRA KAMYUNITI
                                 CENTRE PREET VIHAR DELHI, (DELHI)

                           3.    DISTRICT     EDUCATION        OFFICER (MADHYA
                                 PRADESH)

                           4.    PRINCIPAL/DIRECTOR SPRINGWOOD SCHOOL
                                 NEEMUCH NEEMUCH, (MADHYA PRADESH)

                           5.    PRINCIPAL/DIRECTOR NEEMUCH     EMINENT
                                 SCHOOL NEEMUCH NEEMUCH DISTT. NEEMUCH
                                 (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                           ( BY MS. SOUMYA MARU- GOVERNMENT ADVOCATE)
                           (BY SHRI AKHIL GODHA, ADVOCATE/ RESPONDENT [R-2].

                                 T h is petition coming on for orders this day, t h e cou rt passed the
                           following:
Signature Not Verified
                                                            ORDER

Signed by: PRAVEEN NAYAK Signing time: 16-03-2023 16:16:09

The petitioner has filed the present petition seeking correction the name of father in the mark-sheet issued by CBSE. Although the respondent CBSE filed reply that at this stage correction cannot be done in the mark-sheet.

The similar controversy came up before the Apex Court in case of Jigya Yadav (minor) through Guardian/Father Hari Singh Vs. Central Board of Secondary Education (C.B.S.E.) & Ors. reported in 2021 SC Online 415 in which Apex Court has issued various directions to the board and fixed the guideline for consideration of the representation to change of name. Para 170 & 171 are reproduced below:

170. The provision for “change†of name is far more

stringent and calls for a thorough review to settle the correct position. As per the present law, change of name is permissible upon fulfilment of two prior conditions - prior permission of the Court of law and publication of the proposed change in official gazette. These conditions co-exist with another condition predicating that both prior permission and publication must be done before the publication of result. What it effectively means is that change of name would simply be impermissible after the publication of result of the candidate even if the same is permitted by a Court of law and published in official gazette. In other words, once the examination result of the candidate has been published, the Board would only permit corrections in name mentioned in the certificate. Further, changing the name out of freewill is simply ruled out.

Signature Not Verified

171. Notably, the cases before us pertain to different periods. Signed by: PRAVEEN NAYAK Signing time: 16-03-2023 16:16:09

As aforesaid, the CBSE byelaws which existed prior to 2007 were different. The summary of the journey of the examination byelaws from 2007 till 2018 has been tabulated hitherto. The distinction between “correction†and “change†was always well- demarcated including prior to 2007. As regards the correction which could mean to carry out modification to make it consistent with school record but when it came to request for change of name of the candidate or his parents, that could be done only after complying with the pre-conditions specified therefor. However, when it came to change in the date of birth that was completely prohibited. Only correction regarding date of birth was permitted to be made consistent with the school record. And for which limitation of two years from declaration of result was specified. The requirement of two years cannot be considered as unreasonable restriction. The candidate and his parents are expected to be vigilant and to take remedial measures immediately after declaration of result of the candidate. That too for being made consistent with school record.The Board must follow the discipline of continuation of entries in the school record as it is vital for pursuing further and

higher education including career opportunities by the candidate. Significantly, the position as obtained prior to 2007 did not provide for any time limit within which correction of candidate's name or of his parents was to be pursued. These restrictions are certainly reasonable restrictions while recognising the enabling power of the Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 16-03-2023 16:16:09

Board to alter its record in the form of certificates issued to the candidate concerned to make it consistent with the school records or otherwise.

In view of above judgment Shri Godha submits that respondent board shall consider the case of the petitioner in accordance with law.

With the aforesaid undertaking given by the Shri Godha, learned counsel for the respondent,Writ Petition is disposed of.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN NAYAK Signing time: 16-03-2023 16:16:09