The main legal point established in the judgment is that the Examination Bye-Laws of CBSE are not of statutory nature, and a strict and restrictive approach in matters involving correction or change of name by the Board is not warranted. The court also emphasized the importance of consistency in public documents and records maintained by statutory authorities, and the presumption of correctness in their favor.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)--The present writ petition has been filed for direction to the respondents to correct the surname of father from Vijay Gupta to Vijay Kumar in the records of the CBSE and for issuance of fresh certificates/marksheet to son of the petitioner by CBSE for Class 10th and Class 12th Board Examination.

2. It is the case on behalf of the petitioner that his son, Devansh Sarthak studied in the respondent No.2 school and has now passed out from the school in the year 2018. Since the name of the petitioner has been shown as Vijay Gupta in the Certificates and marksheet issued by the CBSE, the present petition has been filed for change of name to Vijay Kumar on the premise that name of the petitioner has always been Vijay Kumar and not Vijay Gupta.

3. Learned counsel appearing for the petitioner has submitted that when his son took admission in the school in the year 2003, at that time in the Admission Form, the petitioner filled his name as Vijay Gupta. However, subsequently the petitioner has only used the name as Vijay Kumar, as reflected in the various documents issued by the school itself. Attention of this Court has been drawn to the various Certificates and Report Card/Progress Report issued to the son of the petitioner by the school. In the said documents, name of the petitioner has been reflected as Vijay Kumar and not Vijay Gupta.

4. Learned counsel for petitioner also submits that the birth certificate of the son of the petitioner was also rectified and the birth certificate duly issued by the Municipal Corporation on 30.08.2005 clearly shows the name of the petitioner as Vijay Kumar.

5. Similarly, learned counsel for petitioner has also referred to the other documents on record viz. the PAN Card and ID Card issued by the Election Commission of India in favour of the petitioner, which show the name of the petitioner as Vijay Kumar. Learned counsel for petitioner has also relied upon the passport of the student in question i.e. Devansh Sarthak, which again reflects the name of his father as Vijay Kumar.

6. Further, learned counsel for petitioner has also drawn the attention of this Court to the publication dated 07.04.2017 in Hindustan Times, wherein the petitioner has declared that his actual name is Vijay Kumar and that his name has wrongly been reflected in the Certificates issued by CBSE. The said publication is as follows:

"It is for general information that I Vijay Kumar S/o Satyendra Bhushan Gupta residing at 330, 2nd Floor, Sant Nagar, East of Kailash, New Delhi-110065 declare that name of mine has been wrongly written as Vijay Gupta in my minor son's Devansh Sarthak aged 16 years CBSE 10th Class Grade Sheet cum Certificate of Performance. The actual name of mine is Vijay Kumar which may be amended accordingly."

7. Learned counsel has also relied upon the Gazette Notification, wherein it has again been declared that the name of the petitioner is Vijay Kumar, which has wrongly been written as Vijay Gupta in the Certificates as issued by the CBSE. The Gazette Notification dated April 29-May 05, 2017 reads as under:

"It is for general information that I, Vijay Kumar S/o Satyendra Bhushan Gupta, residing at 330, 2nd Floor, Sant Nagar, East of Kailash, New Delhi-110065, declare that name of mine has been wrongly written as Vijay Gupta in my minor son's Devansh Sarthak aged 16 years CBSE 10th Class Grade Sheet cum Certificate of Performance. The Actual name of mine is Vijay Kumar which may be amended accordingly.

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

Vijay Kumar

[Signature]"

8. Thus, relying upon the aforesaid, it is prayed on behalf of the petitioner that requisite rectification may be directed to be done in the CBSE Certificates/Marksheet of his son as issued by the CBSE for Class 10th and 12th.

9. On the other hand, learned counsel appearing for respondent No. 1-CBSE has opposed the present petition on the