The legal principle established is that a change in name can be permitted by Court of Law and notified in a Government Gazette, allowing for retrospective correction in official records.

( 1 ) THE present application is moved by the petitioner for hearing of C. M. 7341/96 for interim relief.

( 2 ) NOTICE. Mr. Anil Kumar accepts notice, the main petition is taken on board and heard today. Therefore, no further order s are necessary in this application. The same is disposed of. C. W. 4227/96 and C. M. 7341/96

( 3 ) THE present petition is directed against the respondents for correcting the name and father s name of the Petition i. e. Deepika Shukla, daughter of Shri Sudesh Kumar Shukla in place of Deepika Jain daughter of Shri Narender Kumar Jain in their records and in the Class Xth certificate. The petitioner Deepika Shukla who is represented through her natural guardian and mother Smt. Mona Shukla appeared in Class Xth examination and was issued certificate by Central Board of Secondary Education, respondent herein, their said certificate is dated 14th August, 1995 wherein the petition is known as Deepika Jain. the mother ofthe petitioner later re-married one Sudesh Kumar Shukla on 21 st December, 1995 and copy ofthe marriage certificate is filed as Annexure-C to the writ petition.

( 4 ) THE respondent has filed counter affidavit today in the Court which is taken on record. The reference to the Bye-Law which deals with change and correction in name is made in paragraph 4 which is reproduced as follows:

"69. 1 Changes and Correction in Name (i) Correction in name means correction in spelling errors, factual errors, typographical errors in candidate s name/surname, Father s Name/mother s name to make it consistent with what is given in the school record. Change in name also includes alteration, addition, deletion to make it different from the shook records. (ii) Application for correction in name may be considered any time provided that the application of the candidate is forwarded with the following documents: (a) Admission Form (s) filled in by the parents at the time of admission. (b) The School leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission. (c) Portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate. (iii) The Board may effect necessary corrections after verification of the Original records of the school and on payment of the described fee. (iv) Application regarding change in the name/surname, will be considered where such changes have been permitted by a Court of Law and notified in a Government Gazette. In the event of Court of Judicature allowing the change of name of a candidate, the same shall be carried out by the Board after obtaining relevant documents concerning change of name published in an official gazette. "

( 5 ) THE petition admittedly has qualified for change in the name in terms of the Bye-Law as stated above. It is specifically staled in sub-para (iv) that the application regarding change in name/surname will be considered whereas such changes have been permitted by Court by Law and notified in a Government Gazette. The change of name from Deepika Jain to Deepika Shukia has since been incorporated in the Gazette Notification dated 5th October, 1996 which reads as under:-

"i SUDESH KUMAR SHUKLA S/o Late Shri VIDU RAM employed as Teacher in the Guru Harkrishan Public School. Nanak Piao, Delhi residing at C-37, D. T. C. Colony, Rana Partap Bagh, Delhi-110009, have changed the name of minor daughter DEEPIKA JAIN aged 17 years and she shall hereafter be known as DEEPIKA SHUKLA. It is certified that I have complied with other legal requirement in this onnection. "

( 6 ) THE learned counsel for the respondent only contends that the change in the name has to be protective with effect from the date of application and cannot be entered in the records retrospectively. The appoint is merely academic as the petitioner has since changed her name which is incorporated in the official notification. The respondent shall accordingly record the change in the official