Madras High Court
Kunal Chetana Dharmashi vs The Chairman on 13 June, 2023
W.P.No.3732 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.Nos.3732 of 2020
and W.M.P.No.4406 of 2020
Kunal Chetana Dharmashi ... Petitioner
Vs.
1. The Chairman,
Central Board of Secondary Education (Head Office)
“Shiksha Kendra”, 2, Community Centre
Preet Vihar, Delhi-110 092.
2. The Regional Officer,
Central Board of Secondary Education (Regional Office),
New No.3, Old No.1630-A,
J Block, 16th Main Road,
Anna Nagar (West),
Chennai-600 040.
3. The Principal,
Ram Ratna Vidya Mandir,
Keshav Srushti Gorai Road,
Uttam, Bhayandar (W),
Thane District,
Maharashtra-401 106. ... Respondents
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W.P.No.3732 of 2020
PRAYER : Petition filed under Article 226 of the Constitution of India
praying to issue a Writ, Order, Direction particularly in the nature of Writ of
Certiorarified Mandamus to call for the records in respect of the
proceedings of the 2nd respondent in
CBSE/RO(M)/CORR/REJECTION/2017/9820 dated 16.08.2019 quash the
same and consequently direct the 2nd respondent to make necessary
corrections in the 10th Mark Sheet and Passing Certificate in respect of the
Petitioner Old name “Kunal Kishore Patidar” and replace petitioner new
name “Kunal Chetana Dharmashi” and issue petitioner's 10th Mark Sheet
and passing certificate to the petitioner.
For Petitioner : Mr.S.Vinoth Kumar
For Respondents : Mr.G.Nagarajan,
for R1 & R2.
: No Appearance for R3.
ORDER
Petitioner has come up with this Writ Petition seeking to quash
the proceedings dated 16.08.2019 issued by the 2nd Respondent and for a
consequential direction to the 2nd Respondent to effect corrections in respect
of his new name as “Kunal Chetana Dharmashi” in (i) X Standard Mark
Statement and Pass Certificate and issue the same to him within a stipulated
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W.P.No.3732 of 2020
period, based on the letter dated 29.05.2019 sent by the 3rd respondent.
2. It is stated by the Petitioner that, he completed his 10th standard
in the 3rd respondent school in the year 2015. While so, in the year 2015, his
mother changed the petitioner's name from “Kunal Chetana Patidar” to
“Kunal Chetana Dharmashi” by publishing his name in the Gazette
Notification. Since, the petitioner's name was changed prior to the issuance
of 10th standard marksheet, he approached the 3rd Respondent School by
way of a representation to rectify the correction in his name in the 10 th
standard marksheet. Pursuant to which, the 3rd Respondent sent a letter
dated 29.05.2019 to the 2nd respondent with regard to the petitioner's request
for change of name in the 10th standard marksheet. However, the 2nd
respondent has rejected the petitioner's request vide the impugned
proceedings dated 16.08.2019 stating that, after verification of documents, it
was found that, the correction sought for is not in consonance with the 4th
Respondent's School records. Challenging the said rejection order, the
petitioner has come up with this Writ Petition.
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W.P.No.3732 of 2020
3. Learned counsel for the Petitioner submitted that, the issue
raised in the present Writ Petition is no longer res integra and the issue has
already been settled by the Hon'ble Apex Court in Civil Appeal No.3905 of
2011 in the case of Jigya Yadav (Minor) Vs. C.B.S.E. (Central Board of
Secondary Education). Hence, he prayed that, this Court may issue direction
to the Respondents to entertain the representation of the Petitioner seeking
correction of his name in the X Standard Mark Statement and Pass
Certificate, without citing any by-law or any other impediments, and issue
fresh Certificates for X Standard to the Petitioner, within a reasonable time
frame.
4. Learned Standing Counsel appearing for the respondents did
not dispute the ratio laid down by the Hon'ble Apex Court in Civil Appeal
No.3905 of 2011 in the case of Jigya Yadav (Minor) Vs. C.B.S.E. (Central
Board of Secondary Education); however, he submitted that, the
Application for correction of the Petitioner's name has to be made through
proper channel. The Petitioner has to make an Application to the School and
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W.P.No.3732 of 2020
the School will forward the same to the Respondents. As the Petitioner has
directly made an Application to the Respondents, the same is not
sustainable.
5. Heard the learned counsel on either side and perused the
material documents available on record.
6. As rightly pointed out by the learned counsel appearing for
the Petitioner, the issue raised in the present case is no longer res integra
and the issue has already been settled by the Hon'ble Apex Court in Civil
Appeal No.3905 of 2011 in the case of Jigya Yadav (Minor) Vs. C.B.S.E.
(Central Board of Secondary Education), relevant portion of which, is
extracted hereunder:
“2. The seminal issue in these cases is:
whether an individuals control over such cardinal element
of identity could be denied to him/her by the Central
Board of Secondary Education 1 on the specious ground
that its Examination Byelaws of 2007 2 must prevail over
the claim of the candidate, which are merely intended to
regulate such a claim and to delineate the procedure for
correction/change in the contents of certificate(s) issued
by it including regarding maintenance of its office
records?
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W.P.No.3732 of 2020
3. The CBSE Examination Bye laws restrict,
both qualitatively and quantitatively, the
corrections/changes that can be carried out in the
certificates issued by the Board. Various students with
need? based requests approached different High Courts
resulting into inconsistent outcomes leading up to this
batch of appeals. Apart from the fact that the judgments
have produced conflicting outcomes, the petitions raise
some peculiar questions on the 1 for short, CBSE or
Board, as the case may be 2 for short, Byelaws
constitutional validity of CBSE Examination Byelaws (as
amended from time to time) and interpretation thereof.
CONCLUSION AND DIRECTIONS TO CBSE 79 supra at
Footnote No.16
169. Although we have discussed the broad
issues canvassed before us, in the ultimate analysis the
real dispute requiring resolution is about the nature of
correction or change, as the case may be, permissible to
be carried by the CBSE at the instance of the student
including past student. As noted earlier, broadly, two
situations would arise.
170. The first is where the incumbent wants
correction in the certificate issued by the CBSE to be made
consistent with the particulars mentioned in the school
records. As we have held there is no reason for the CBSE
to turn down such request or attach any precondition
except reasonable period of limitation and keeping in mind
the period for which the CBSE has to maintain its record
under the extant regulations. While doing so, it can
certainly insist for compliance of other conditions by the
incumbent, such as, to file sworn affidavit making
necessary declaration and to indemnify the CBSE from
any claim against it by third party because of such
correction. The CBSE would be justified in insisting for
surrender/return of the original certificate (or duplicate
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W.P.No.3732 of 2020
original certificate, as the case may be) issued by it for
replacing it with the fresh certificate to be issued after
carrying out necessary corrections with
caption/annotation against the changes carried out and
the date of such correction. It may retain the original
entries as it is except in respect of correction of name
effected in exercise of right to be forgotten. The fresh
certificate may also contain disclaimer that the CBSE
cannot be held responsible for the genuineness of the
school records produced by the incumbent in support of
the request to record correction in the original CBSE
certificate. The CBSE can also insist for reasonable
prescribed fees to be paid by the incumbent in lieu of
administrative expenses for issuing fresh certificate. At the
same time, the CBSE cannot impose precondition of
applying for correction consistent with the school records
only before publication of results. Such a condition, as we
have held, would be unreasonable and excessive. We
repeat that if the application for recording correction is
based on the school records as it obtained at the time of
publication of results and issue of certificate by the CBSE,
it will be open to CBSE to provide for reasonable
limitation period within which the application for
recording correction in certificate issued by it may be
entertained by it. However, if the request for recording
change is based on changed school records post the
publication of results and issue of certificate by the CBSE,
the candidate would be entitled to apply for recording
such a change within the reasonable limitation period
prescribed by the CBSE. In this situation, the candidate
cannot claim that she had no knowledge about the change
recorded in the school records because such a change
would occur obviously at her instance. If she makes such
application for correction of the school records, she is
expected to apply to the CBSE immediately after the
school records are modified and which ought to be done
within a reasonable time. Indeed, it would be open to the
CBSE to reject the application in the event the period for
preservation of official records under the extant
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W.P.No.3732 of 2020
regulations had expired and no record of the candidate
concerned is traceable or can be reconstructed. In the case
of subsequent amendment of school records, that may
occur due to different reasons including because of choice
exercised by the candidate regarding change of name. To
put it differently, request for recording of correction in the
certificate issued by the CBSE to bring it in line with the
school records of the incumbent need not be limited to
application made prior to publication of examination
results of the CBSE.
171. 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.
(a) Reverting to the first category, as noted
earlier, there is a legal presumption in relation to the
public documents as envisaged in the 1872 Act. Such
public documents, therefore, cannot be ignored by the
CBSE. Taking note of those documents, the CBSE may
entertain the request for recording change in the
certificate issued by it. This, however, need not be
unconditional, but subject to certain reasonable conditions
to be fulfilled by the applicant as may be prescribed by the
CBSE, such as, of furnishing sworn affidavit containing
declaration and to indemnify the CBSE and upon payment
of prescribed fees in lieu of administrative expenses. The
CBSE may also insist for issuing Public Notice and
publication in the Official Gazette before recording the
change in the fresh certificate to be issued by it upon
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W.P.No.3732 of 2020
surrender/return of the original certificate (or duplicate
original certificate, as the case may be) by the applicant.
The fresh certificate may contain disclaimer and
caption/annotation against the original entry (except in
respect of change of name effected in exercise of right to
be forgotten) indicating the date on which change has
been recorded and the basis thereof. In other words, the
fresh certificate may retain original particulars while
recording the change along with caption/annotation
referred to above (except in respect of change of name
effected in exercise of right to be forgotten).
(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.
172. In light of the above, in exercise of our
plenary jurisdiction, we direct the CBSE to process the
applications for correction or change, as the case may
be, in the certificate issued by it in the respective cases
under consideration. Even other pending applications
and future applications for such request be processed
on the same lines and in particular the conclusion and
directions recorded hitherto in paragraphs 170 and
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W.P.No.3732 of 2020
171, as may be applicable, until amendment of relevant
Bye laws. Additionally, the CBSE shall take immediate
steps to amend its relevant Bye laws so as to
incorporate the stated mechanism for recording
correction or change, as the case may be, in the
certificates already issued or to be issued by it.”
7. A perusal of the decision cited supra makes it clear that the
Hon'ble Apex Court has issued directions to the Central Board of Secondary
Education to entertain and process the Applications made for correction or
change, as the case may be, in the Certificates issued by it. In view of the
above, there is no need for submitting an Application seeking corrections in
the Certificate, before the School.
8. In the case on hand, as the Certificate was issued by the
Central Board of Secondary Education, they shall entertain the
Application/representation made by the Petitioner and in case of any
clarification, CBSE can call for information from the School and issue
correct Mark Statement cum Certificate as sought for by the Petitioner, by
effecting corrections in respect of his name as “K.R.Surendar” in X
Standard Mark Statement and Pass Certificate within a period of eight
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W.P.No.3732 of 2020
weeks from the date of receipt of a copy of this order.
9. This Writ Petition stands disposed of accordingly. There shall
be no order as to costs. Consequently, connected Miscellaneous Petition
stands closed.
13.06.2023
Index : Yes / No
Speaking Order : Yes / No
NHS
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W.P.No.3732 of 2020
M.DHANDAPANI, J.
NHS
To
1. The Chairman,
Central Board of Secondary Education (Head Office)
“Shiksha Kendra”, 2, Community Centre
Preet Vihar, Delhi-110 092.
2. The Regional Officer,
Central Board of Secondary Education (Regional Office),
New No.3, Old No.1630-A,
J Block, 16th Main Road,
Anna Nagar (West),
Chennai-600 040.
W.P.Nos.3732 of 2020
13.06.2023
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