Rajasthan High Court
Suresh Kumar S/O Shri Kala Ram vs Board Of Secondary Education ... on 8 February, 2022
Bench: Akil Kureshi, Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 293/2022
Suresh Kumar S/o Shri Kala Ram, Aged About 28 Years, Resident
of Dangafali, Varli, Tehsil Pindwara, District Sirohi, Presently
Residing at B-98, Ved Villa Colony, Ram Nagar Vistar, Sodala,
Jaipur Rajasthan.
----Appellant
Versus
1. Board of Secondary Education Rajasthan, Ajmer,
Rajasthan Through Its Secretary.
2. Mohan Lal Sukhadia University, Udaipur, Rajasthan
Through Its Registrar.
3. Examination Controller, Mohan Lal Sukhadia University,
Udaipur, Rajasthan.
4. Vardhman Mahaveer Open University, Kota, Rawatbhata
Road, Kota, Rajasthan Through Its Registrar.
5. Director (Training) Directorate Of Technical Education Of
Rajasthan, Rajasthan Council For Vocational Education
And Training, Directorate Of Technical Education
Rajasthan Campus, W-6, Gaurav Path, Jodhpur,
Rajasthan.
6. Industrial Training Institute, Abu Road, Sirohi, Rajasthan
Through Its Principal.
7. District Education Officer, Sirohi, Office Of District
Education And Training Institute (Diet) Abu Parvat, Sirohi,
Rajasthan.
----Respondents
For Appellant(s) : Mr. Girraj P Sharma, through VC
For Respondent(s) :
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON'BLE MR. JUSTICE SUDESH BANSAL
Judgment
08/02/2022
1. This Special Appeal (writ) has been filed challenging the
order dated 7-12-2021 in SB Civil Writ Petition No.11711/2021
whereby the writ petition filed by appellant for change of his name
from Surta Ram to Suresh Kumar has been dismissed.
(2 of 3) [SAW-293/2022]
2. Heard learned counsel appearing for the appellant and
perused the material available on record.
3. The case of the appellant is that he acquired educational
qualification with the name of Surta Ram right from the beginning
upto M.A. Hindi Literature in the year 2020 and vocational
education and training program as also RSCIT examination
conducted on 19-1-2020. Subsequently the appellant on the basis
of his application along with affidavit filed before the
Superintendent, Government Press Jodhpur got change his name
from Surta Ram to Suresh Kumar and Gazette Notification in this
regard got published on 5-12-2019. On the basis of Gazette
Notification he got issued voter Identity card and birth certificate
and also changed his name in bank account. The request of the
appellant for change of his name from Surta Ram to Suresh
Kumar in educational certificates was declined requiring court's
order, and the writ petition has been dismissed as aforesaid. The
ground for change of name of petitioner is that his younger sister
has been named as Surta Kumari, therefore, the change of name
was sought and Gazette Notification dated 5-12-2019 was
published in this regard.
4. Having heard learned counsel for the appellant and perusing
the material available on record, we are of the considered view
that it is the choice and sole discretion of appellant to change his
name from Surta Ram to Suresh Kumar and for that purpose he
has already got published a Gazette Notification dated 5-12-2019.
It is also on record that placing reliance on the Gazette
Notification dated 5-12-2019, voter card issued by Election
(3 of 3) [SAW-293/2022]
Commission of India and Aadhar card issued by Government of
India the name of appellant has been shown as Suresh Kumar. His
name from Surta Ram to Suresh Kumar has also been shown in
birth certificate and bank account as well. As far as seeking
change of name in all his credential documents right from the
certificate of 8th class to Examination of post graduation (M.A.
Hindi Literature, including Secondary Board Examination, Senior
Secondary Examination, Graduation, art examination and RSCIT
examination by Vardhman Mahaveer Open University Kota), in
absence of any statutory rules and regulation in this regard, we
are not inclined to issue any direction to respondents to carry out
change in the name of petitioner from Surta Ram to Suresh Kumar
in all his credential documents. Thus, we are not interfering with
the impugned order passed by the learned Single Judge declining
such prayer. However, we permit the petitioner to write and use
his name as Suresh Kumar, in place of his erstwhile name Surta
Ram, by showing the Gazette Notification dated 5-12-2019 along
with his credential documents, wheresoever required.
5. With above observations, the Special Appeal stands disposed
of.
6. All pending applications, if any, stand disposed of.
(SUDESH BANSAL),J (AKIL KURESHI),CJ
Arn/35
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