The West Bengal Board of Secondary Education's Circular 9/71 and Rule 1 permit changes in both name and surname for male candidates who have appeared in Board examinations, subject to exceptional circumstances and fulfillment of terms and conditions.

Ashim Kumar Roy, J.

The writ petitioner being aggrieved with the refusal of the Regional Officer, Regional Office Burdwan, West Bengal Board of Secondary Education, the respondent no. 4, to change of his name from Bamdev Roy to Raj Anand Roy in Registration Certificate, Admit Card and Mark sheet of Madhyamik Pariksha, 1994has approached this court for necessary relief.

At the very outset, the learned counsel appearing on behalf of the respondent Board having submitted that the petitioner’s prayer was rejected on the sole ground that according to the aforesaid circular although change of surname is permissible but not the name and conceded this matter can be disposed of without affidavit from the side of the respondents, this application is taken up for hearing without going through the formalities of filing affidavit and stands disposed of by this judgment.

It is the case of the writ petitioner that in terms of Circular No. 9/71 dated December 9, 1971 issued by the West Bengal Board of Secondary Education, permitting change of name and surname of a male candidate, appeared at any examination conducted by the Board, he applied before the respondent no. 4 for change of his name from Bamdev Roy to Raj Anand Roy for the reasons stated in his application. However, he has been communicated by the respondent no.4, vide Annexure P-4 to this writ application that his such prayer has not been approved. The attention of this court was then drawn to the impugned decision Annexure P-4.

Then the learned Counsel for the petitioner brought to the notice of this court the circular relied by him and submitted that according to the said circular, the petitioner is very much entitled to get his name changed as prayed for and the impugned decision of the respondent authorities is wholly arbitrary and illegal and thus ought to be struck down.

On the other hand, the learned Counsel for the Board vehemently opposed this writ application and contended that according to the said circular while the change of surname is permissible but not the name and any mistake in the name however be corrected. She then draws my attention to the relevant application form for change of name/surname of a male candidate prescribed under the said circular and vehemently contended that it can be inferred from the said form that only change of surname is permissible not the name inasmuch as nowhere in the form any space has been provided for mentioning the new name and thus this writ application to be dismissed.

I have given my anxious and thoughtful consideration to the rival submissions of the learned Counsel for the parties. In my opinion, before coming into any decision in the matter, it would be more apposite to refer the relevant circular together with the form and rules on which the case of the petitioner hinges. Accordingly, the said circular, the form and the rules are reproduced below,

(i) Circular No. 9/71 dated: the 9th December, 1971.

Sub: Change of name and surname of a male candidate.

The undersigned is directed to state that in exceptional circumstances which may appear to the Board fit and proper, applications for changes of names and surnames of male candidates at a time subsequent to their appearance at any of the examinations conducted by the Board, may be considered by the Board. Such applications should be made in the prescribed form (copy enclosed) through the Head of the Institution from which the candidate passed the examination conducted by the Board. A fee of Rs.50/- will be required to be paid either by means of Cross Postal Order addressed to the Accounts Officer, West Bengal Board of Secondary Education, Calcutta or in Cash at Board’s office. It should however, be noted that the fee will not be refundable in any circumstances. Each application should be accompanied by- (I) an affidavit, duly sworn in before a magistrate or a Notary, by the legal guardian, (ii) a copy of a notification declaring the proposed change of name issued by the said gu