ORDER :

G. SHYAM PRASAD, J.

1. This is a writ of mandamus filed by the petitioner seeking for a direction to the 2nd respondent-Central Board of Secondary Education to change the name of the petitioner from Aparajitha M. to 'Aparqjitha Mythili' as per the Aadhaar Card.

2. The mother of the petitioner filed affidavit being the guardian of the petitioner stating that the petitioner is aged about 16 years passed her 10th Standard from 3rd respondent-Pragathi Central School. She made a request to the 3rd respondent institution with regard to the change of her daughter's name in 10th Class Certificate from Aparajitha M. to Aparajitha Mythili. The 2nd respondent vide letter dated 8.6.2018 rejected the request of the petitioner stating that the changes have to be admitted by a Court of law with regard to change the name of the candidate and the same has to be notified in the Government Gazette before the publication of the result of the candidate. Being aggrieved by the same, the present writ petition has been filed.

3. The 2nd respondent has filed counter stating that the petitioner has applied for correction of her surname vide letter dated 25.5.2018 alongwith Gazette notification dated March 18-24, 2017. The same was rejected on the ground that changes in the name or surname of candidates has to be admitted by the court of law, and notified in the Government Gazette, before the publication of the result of the candidate, as per Rule 69.1(i). The applications regarding the changes in candidate's name, mother's name, father's name and changes in name of surname of the candidates will be considered provided the changes have been admitted by the Court of law and notified in the Government Gazette before the publication of the results of the candidate. The petitioner is seeking for change of surname from Aparajitha Musti to Aparajitha Mythili, which is a total change in the surname of the petitioner, as such, the petitioner is not entitled for change of surname.

4. The point for consideration in this matter is whether the petitioner is entitled for change of her name in the light of the amended Rule 69.1(i) of the notification dated 1.2.2018?

5. The existing Rule under 69.1 (i) reads as under:

"(Change in Candidate Name, Mother Name & Father Name)

Applications regarding changes in name or surname of candidates 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."

6. The amended Rule under 69.1(i) reads as under:

"(Change in Candidate Name, Mother Name & Father Name)

Applications regarding changes in name or surname of candidates will 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 in cases of change in documents after the Court orders caption will be mentioned on the document "Change Allowed in Name/Father's Name/Mother's Name/Guardian's Name From --------To------On (Dated)---------As Per Court Order No------Dated---------."

7. The contention of the learned Standing Counsel appearing for 2nd respondent is that in view of the Rule under 69.1(f), the total change in the surname of the petitioner cannot be considered as the petitioner is asking for change of surname from Aparajitha Musti to Aparajitha Mythili. Whereas, the petitioner's name was mentioned as Aparajitha M. in the School certificate as per the List of Candidate (LOC), as such, the Board cannot change the name, which was printed on Board Certificates as per the list of candidates whose names were registered online as submitted by the concerned school.

8. Learned Counsel for the petitioner has relied on catena of decisions and argued that the condition in the above rule of obtaining an order from Court of law for change of name and getting it notified in a Government Gazette is impossible to comply with, as mere is no defendant against whom a civil suit ca