Rajiv Sahai Endlaw, J.

C.M.No.6745/2014(exemptions).

1. Allowed subject to just exceptions.

2. The CM stands disposed of.

3. This petition under Article 226 of the Constitution of India, i) impugns Rule 69.1 of the Examination Bye-Laws of the respondents no.2&3 Central Board of Secondary Education (CBSE), on the ground of the same being illegal, unconstitutional and ultra vires the Fundamental Rights guaranteed to the petitioner under the Constitution of India; ii) seeks quashing of the order dated 12th February, 2014 of the respondent CBSE rejecting the request of the petitioner for change of his name in the records of the respondent CBSE; and, iii) seeks a mandamus to the respondent CBSE to change the name of the petitioner in its records as well as in the certificates of Class X and Class XII issued to the petitioner.

4. It is the case of the petitioner:-

(a) that the petitioner, born on 18th January, 1970, was named Bal Kishan by his parents;

(b) that the petitioner passed the Class X and Class XII examinations conducted by the respondent CBSE in the years 1988 and 1990 respectively;

(c) that the petitioner, throughout his school and college education, was teased by the other students about his name;

(d) that the petitioner decided to change his name from Bal Kishan to Abhishek Kumar and his name was so mentioned in the invitation card of his wedding held on 2nd December, 1999;

(e) that the petitioner, on 15th May, 2008, also published in newspaper The Statesman of having so changed his name “for all future purposes”;

(f) upon being advised that for changing the name he was required to publish a Notification to the said effect in the Gazette published by the Government of India, the petitioner, after declaring so by way of another insertion in the newspaper The Sunday Express of 18th December, 2010, got published in the Gazette of India of January 1-January 7, 2011 as under:-

“I, hitherto known as BAL KISHAN son of Late M.R. SINGH, residing at G-12/8, Gali No.4, Braham Puri, Delhi – 110 053, have changed my name and shall hereafter be known as ABHISHEK KUMAR.

It is certified that I have complied with other legal requirements in this connection.

BAL KISHAN [Signature (in existing old name)]”

(g) that the petitioner, on 5th December, 2013 approached the Delhi Government Mediation and Conciliation Centre, Delhi Disputes Resolution Society (Regd.) for a direction to the respondent CBSE to change his name and the respondent CBSE on 9th January, 2014 before the said Society agreed that upon the petitioner applying for change of name, the respondent CBSE shall consider the same sympathetically; and,

(h) that though the petitioner so applied for change of name but the respondent CBSE vide its order dated 12th February, 2014 supra refused to so change the name of the petitioner in its record and in the certificates of Class X and Class XII issued to the petitioner, for the reason of the same being permissible only within ten years of issuance of such certificate and the petitioner having applied for change of name on 20th January, 2014 i.e. after more than ten years of 22nd August, 1988 when the first certificate of Class X was issued to the petitioner.

5. The petitioner contends that Rule 69.1 supra which prohibits the petitioner from applying for change of name after ten years from the issuance of certificate, is violative of the Constitutional mandate ensuring each citizen liberty of thought, expression, belief, faith, worship, equality of status and opportunity and imposes fetters on such freedom of the petitioner.

6. We have heard the counsel for the petitioner.

7. We have at the outset enquired from the counsel for the petitioner that since the petitioner, as per Gazette dated January 1-January 7, 2011 also, changed his name from Bal Kishan to Abhishek Kumar “with effect from the date of the said publication”, as is evident from use of the words “hitherto” and “shall hereafter be known as” therein, how was the petit