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IN THE HIGH COURT OF DELHI
C. Hari Shankar, J.
Hemant Nimesh – Appellant
Versus
Central Board of Secondary Education and Anr. – Respondents
Writ Petition (Civil) No. 8 of 2018
Decided On : 23-05-2019
Name Change - Continuous and Comprehensive Evaluation Certificate - Rule 69.1(i), Rule 69.1(ii) - The court discussed the provisions of Rule 69.1(i) and Rule 69.1(ii) of the Examination Bye-laws of the CBSE, which deal with change and correction in the name of the candidate or his/her father/mother/guardian. The court emphasized the need for a common-sense approach and the genuineness of the request for name change, as well as the impact of technical considerations on granting relief.
Fact of the Case:
The petitioner sought alteration in the name of his father, as reflected in the Continuous and Comprehensive Evaluation Certificate issued by the CBSE in 2011. The petitioner's request to the CBSE did not receive a favorable response, leading to the petitioner approaching the court.
Finding of the Court:
The court found that the petitioner's father's name was consistently recorded as 'Surender Kumar Nimesh' in various official documents, indicating the genuineness of the request for name alteration. The court also noted the need for a common-sense approach and the impact of technical considerations on granting relief.
Issues: The issues involved the interpretation of the provisions of Rule 69.1(i) and Rule 69.1(ii) of the CBSE Examination Bye-laws, the genuineness of the petitioner's request for name alteration, and the impact of technical considerations on granting relief.
Ratio Decidendi: The court emphasized the need for a common-sense approach in assessing name change requests and highlighted the genuineness of the request as a key factor. The court also considered the impact of technical considerations on granting relief and the consistency of the petitioner's father's name in official documents.
Final Decision: The court allowed the writ petition, directing the CBSE to correct the name of the petitioner's father in the Continuous and Comprehensive Evaluation Certificate from 'Surinder Nimesh' to 'Surender Kumar Nimesh'. The petitioner was also directed to return the original certificate for the necessary correction.
JUDGMENT :
C. Hari Shankar, J.
The petitioner seeks alteration in the name of his father, as reflected in the Continuous and Comprehensive Evaluation Certificate, issued by the CBSE, in 2011, at the time when the petitioner cleared his X class, from "Surinder Nimesh" to "Surender Kumar Nimesh".
2. His request, to the said effect, to the CBSE, having not met with any favourable response, the petitioner is before this Court.
3. Sub-Clauses (i) and (ii) of the Examination Bye-laws of the CBSE deal with change, and correction, in the name of the candidate, or his/her father/mother/guardian, as entered in the record of the CBSE, at any stage while studying in class IX to XII, or thereafter.
4. The said clauses, prior to their amendment, vide Notification dated 25th June, 2015, of the CBSE, and consequent thereto, may be set out, in a tabular fashion, thus:
| Rule No. | Existing Rule | Amended Rule |
| 69.1(i) | Change in name of candidate/Father/Mother/Guardian once entered in the Board's record at any stage while studying in Class IX, X, XI, XII or thereafter, within a period of ten years from the date of issue of first such document shall be considered on written request of the Candidate (not minor)/father/mother/guardian duly forwarded by the Head of the Institution supported by the following documents: | 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. |
| (a) Original copy of two newspapers (daily English/Hindi newspaper at National level & daily newspaper in a vernacular language circulated in the locality), in which the desired change has been published. | ||
| (b) Original Affidavit duly sworn before the Judicial Magistrate, First Class/Metropolitan Magistrate/Executive Magistrate/Sub Divisional Magistrate. | ||
| (c) Original copy of Publication in Government Gazette. | ||
| (d) Payment of prescribed fee. | ||
| (e) True Copy of admission form filled in by the parents duly updated as per Gazette Notification of desired change and duly attested by the Head of the concerned institution. | ||
| (f) True Copy of School Leaving Certificate of the previous school submitted by the parent/candidate at the time of admission and updated as per Gazette Notification of desired change, duly attested by the Head of the concerned institution. | ||
| (g) True Copy of the page of admission and withdrawal register of the school where the entry has been made in respect of candidate showing updation as per Gazette Notification of desired change, duly attested by the Head of the concerned institution. | ||
| 69.1(ii) | Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidate's name/Surname, Fathers name/Mother's name or Guardian's name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the school may be made. | Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidates name/Surname, Father's name/Mother's name or Guardian's name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the school may be made. |
| Application for correction in name of Candidate/Father's/Mothers/Guardians name will be considered only within ten years of the date of declaration of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents: | Application for correction in name of Candidate/Fathers/Mothers/Guardians name will be considered only within one year of | |
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