2006 Supreme(Del) 1810
High Court Of Delhi
ANIL KUMAR
RASHMEET KAUR KOHLI (MINOR) - Appellant
Versus
CENTRAL Board OF SECONDARY EDUCATION (CBSE) - Respondents
W. P. (C) 15521 Of 2006
Decided On : 10/09/2006
A.S.SINGH, AMIT BANSAL, MANISH SINGH
The main legal point established in the judgment is that a change of name should be permitted if it is not contrary to any rules and bye-laws and if the petitioner has complied with the requirements and notified the change in a Government Gazette.
Headnote:
CHANGE OF NAME - Education Law - Central Board of Secondary Education Bye-Laws, Section 69 - The court allowed the petitioner to change her name from 'rashmeet Kohli' to 'rashmeet Kaur Kohli' in accordance with the examination bye-laws of Central Board of Secondary Education. The court emphasized that the change of name was not contrary to any rules and bye-laws of the respondent and granted the petition based on the petitioner's compliance with the requirements and the notification of the change in a Government Gazette.
Fact of the Case:
The petitioner sought to change her name from 'rashmeet Kohli' to 'rashmeet Kaur Kohli' in the marks-statement and other testimonials issued by the respondent, Central Board of Secondary Education. The respondent insisted that the change of name had to be permitted by a Court of law, as per the examination bye-laws.
Finding of the Court:
The court found that the petitioner's request for a name change was not contrary to any rules and bye-laws of the respondent. The court allowed the petitioner to change her name based on her compliance with the requirements and the notification of the change in a Government Gazette.
Issues: The main issue was whether the petitioner should be allowed to change her name from 'rashmeet Kohli' to 'rashmeet Kaur Kohli' in accordance with the examination bye-laws of Central Board of Secondary Education.
Ratio Decidendi: The court emphasized that the change of name should be permitted if it is not contrary to any rules and bye-laws of the respondent and if the petitioner has complied with the requirements and notified the change in a Government Gazette.
Final Decision: The writ petition was allowed, and the respondent was directed to change the name of the petitioner from 'rashmeet Kohli' to 'rashmeet Kaur Kohli' in its record. The petitioner was required to return the mark-sheet and other documents for endorsement of the name change by the respondent within four weeks.
( 2 ) WITH the consent of parties, the matter is taken up for final disposal. Learned counsel for the respondent Mr. Amit Bansal states that no reply has to be filed on behalf of the respondent, Central Board of Secondary Education, so the change of name shall be 'permitted, in case it is allowed by this court.
( 3 ) THE petitioner has sought change of her name from 'rashmeet Kohli' to 'rashmeet Kaur Kohli' in the marks-statement and other testimonials issued by the respondent,
( 4 ) THE petitioner contended that she was born on 1-11-1990 and the petition is filed through her mother, her natural guardian, smt. Amarjeet Kaur.
( 5 ) ACCORDING to the petitioner, she appeared for Class-X examination conducted by Central Board of Secondary Education and an admission card was issued to her, the petitioner was declared successful in class-X examination, Secondary Examination and thereafter a marks-statement dated 22-5-2006 was issued to her.
( 6 ) THE grievance of the petitioner is that her name has been mentioned as 'rashmeet kohli' whereas full name of the petitioner is 'rashmeet Kaur Kohli'. According to the petitioner, she is entitled for correction/change of name in accordance with the examination bye-laws of Central Board of secondary Education and she has already got the publication of her full name 'rashmeet Kaur kohli' in the Gazette of India and a copy of the Gazette of India dated August 19, 2006 has also been filed by the petitioner. The relevant Gazette Notification stipulates as under :-
"i, AMARJEET KAUR wife of Late randhir SINGH KOHLI, employed as Section Officer in the Ministry of Law and Justice, Department of Legal Affairs, residing at J-18, Kuti Nagar, New Delhi-110015, have changed the name of my minor daughter rashmeet KOHLI aged 15 years and she shall hereafter be known as RASHMEET kaur KOHLI. It is certified that I have complied with other legal requirements in this connection. "
( 7 ) THE petitioner contended that her mother approached the respondent for change of name of petitioner. However, in accordance with the examination Bye-laws of the respondent, they have insisted that the change of name has to be permitted by a Court of law. The learned counsel for the respondent submitted that the Central board of Secondary Education, also known as CBSE is an autonomous society which is controlled by the Secretary, Ministry of Human Resources. The CBSE is discharging the functions of conducting examination, prescribing educational courses and generally maintaining the standards of school education and advising the Government of india when called upon to do so, on matters pertaining to school education. The CBSE frames its own rules and is governed by them. The respondent has its rules and regulations regarding change of name. The relevant examination bye-laws are reproduced here for the sake of reference.
69. CHANGE IN BOARD's CERTIFICATE 69. 1 Changes and Correction in Name 1. 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 school record. Application for correction in name may be considered at any time provided that the application of the candidate is forwarded with the following document : 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 correction after verification of the original records of the school and on payment of the prescribed fee. iv. Application regarding change in name/surname, may be considered provided the changes hav