Madras High Court
Ramyaa vs The Controller Of Examinations on 19 November, 2021
W.P.No.21190 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.11.2021
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
W.P.No.21190 of 2018
Ramyaa ... Petitioner
Versus
1.The Controller of Examinations,
Anna University,
Chennai – 600 025.
2.The Principal,
Sri Sai Ram Engineering College,
West Tambaram,
Chennai – 600 044. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorarified Mandamus, calling for the records
relating to the Impugned Communication dated 03.08.2018 passed in Memo
No.4125/COE/C24/2018-32689, on the file of the first respondent and quash
the same and consequently direct the first respondent herein to incorporated
the new name of the petitioner “Ramyaa.K” in her B.E., Computer Science
and Engineering Mark Sheets, Provisional and Degree Certificates, pertaining
to her old name “Sivakameswari.K”.
1/8
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W.P.No.21190 of 2018
For Petitioner : Mr.L.Govi Ganesan
For R1 : Mr.L.P.Shanmugasundaram
Standing Counsel
For R2 : No Appearnance
ORDER
This Writ Petition has been filed, for the issuance of Writ of
Certiorarified Mandamus, calling for the records relating to the Impugned
Communication dated 03.08.2018 passed in Memo No.4125/COE/C24/2018-
32689, on the file of the first respondent and quash the same and
consequently direct the first respondent herein to incorporated the new name
of the petitioner “Ramyaa.K” in her B.E., Computer Science and Engineering
Mark Sheets, Provisional and Degree Certificates, pertaining to her old name
“Sivakameswari.K”.
2.It is the case of the petitioner that, originally her name was
“Sivakameshwari” and she changed her name as Ramyaa.K due to
numerological reason. The petitioner has made a notice in the Tamilnadu
Government Gazette published on 06.01.2016 and issued public notice in
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W.P.No.21190 of 2018
English daily “Indian Express” and Tamil Daily “Dhina Mani” intimating to
the general public about her change of name. The petitioner has also changed
her name in Driving License, Aadhar and Pan card. Thereafter, she
approached the first respondent to effect the name change in her B.E
marksheet by representation dated 29.07.2018. The first respondent rejected
her application vide Memo No.No.4125/COE/C24/2018-32689, stating that
the Tamilnadu Government Gazette notification indicating the petitioner's
change of name was published on 06.01.2016, after the issuance of
marksheet, therefore, the name cannot be changed in the petitioner's
marksheet. Aggrieved over the same, the said Writ Petition has been filed.
3.The learned counsel for the petitioner would submit that, as law laid
down by the Hon'ble Apex Court, the first respondent is bound to change the
name without any supporting school records and by insisting a declaration
from the Court of law and publication in the Gazette. In the present case, the
petitioner has effected publication only in the Tamilnadu Official Gazette and
issued public notice in English and Tamil daily. He would further submit
that, the petitioner will obtain the declaration from the Court of law and re-
submit her representation to the first respondent. Hence, prayed to allow the
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W.P.No.21190 of 2018
Writ Petition.
4.The learned Standing Counsel appearing for the first respondent
would submit that the petitioner has completed B.E. Degree as early as in the
year 2013 and the name change has been effected in the year 2016. The
marksheet was issued by the first respondent before the effecting her name
change, therefore, her name cannot be changed in the marksheet. Therefore,
the request of the petitioner cannot be entertained and the same was rightly
rejected by the first respondent.
5.Heard the learned counsel for the petitioner as well as the learned
Standing Counsel for the first respondent and perused the materials available
on record.
6.Upon perusal of the documents, it would appear that, originally, the
petitioner's name was “ Sivakameshwari” and she changed her name as
“Ramyaa.K” in the year 2016. In this regard, she effected Tamilnadu
Government Gazette publication on 06.01.2016. Subsequently, public notice
was also issued in English and Tamil daily indicating her change of name.
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W.P.No.21190 of 2018
Thereafter, she made a representation to the first respondent requesting to
change her name in her B.E marksheet. However, the same was rejected for
the reason the markesheet was issued before effecting the publication in
Tamilnadu Government Gazette.
7.At this juncture, it would be appropriate to extract the judgement of
Hon'ble Apex Court in the case of Jigya Yadav vs Central Board of
Secondary Education reported in (2017) 7 Supreme Court Cases 535.
Paragraph No.194.2 of the judgment above referred to is extracted hereunder:
"194.2However, 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 duplicated 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
(expect in respect of change of name effected in
exercise of right to be forgotten) and to insert
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W.P.No.21190 of 2018
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.”
8.A perusal of the above would show that, if a person wants to change
his/her name, the authorities cannot insist any other document except the
declaration by the Court of law with regard to the change of name and
publication in the Official Gazette including surrender of original certificate
issued by the concerned authority. In the present case, the petitioner has only
effected a publication in Tamilnadu Government Gazette and the public
notice in English and Tamil Newspapers. Therefore, she has to ultimately
get declaration from the concerned Civil Court and re-submit her
representation as law laid down by the Hon'ble Apex Court.
9.In view of the above, this Court directs the petitioner to obtain
declaration from the concerned Civil Court and resubmit her representation
along with Tamilnadu official Gazatee publication before the first respondent
and on such representation being made by the petitioner, the first respondent
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W.P.No.21190 of 2018
shall consider the same on merits and dispose within a period of 8 weeks
from the receipt of the representation from the petitioner. No costs.
19.11.2021
Index: Yes/No
Internet: Yes/No
rst
To:
1.The Controller of Examinations,
Anna University,
Chennai – 600 025.
2.The Principal,
Sri Sai Ram Engineering College,
West Tambaram,
Chennai – 600 044.
KRISHNAN RAMASAMY.J.,
https://www.mhc.tn.gov.in/judis
W.P.No.21190 of 2018
rst
W.P.No.21190 of 2018
19.11.2021
https://www.mhc.tn.gov.in/judis
