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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Siddharth Agarwal – Appellant
Versus
Central Board of Secondary Education & Ors. – Respondents
W.P.(C) 4344 of 2019
Decided On : 22-05-2023
Change of Name - CBSE Certificates - The court allowed the petitioner's request for change of name from Vishu Agarwal to Siddharth Agarwal on CBSE certificates based on the CBSE's decision and directed the petitioner to deposit the correction fees and original documents with the school for further processing by the CBSE.
Fact of the Case:
The petitioner sought a change in the CBSE certificates for a change of name from Vishu Agarwal to Siddharth Agarwal. The CBSE allowed the request and directed the petitioner to deposit the correction fees and original documents with the school for further processing.
Finding of the Court:
The court allowed the writ petition based on the CBSE's decision and directed the petitioner to follow the instructions provided by the CBSE for the name change.
Issues:
Ratio Decidendi: The court's decision was influenced by the CBSE's approval of the name change request and the directions provided by the CBSE for the petitioner to deposit the correction fees and original documents with the school for further processing.
Final Decision: The court allowed the writ petition and directed the petitioner to approach the concerned school within two weeks, deposit the requisite fees, and submit the original certificates for further processing by the CBSE.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
1. By way of the present writ petition, the petitioner has sought change in the CBSE certificates for change of his name from Vishu Agarwal to Siddharth Agarwal.
2. Mr. Atul Kumar, learned counsel appearing for CBSE submits that the case of the petitioner has been considered by the competent authority of the CBSE. He has handed over copy of email dated 15.05.2023 written by the CBSE to the Principal/Head of the school in question. By way of the said letter, the CBSE has allowed the request of the petitioner for correction of the name from Vishu Agarwal to Siddharth Agarwal. Thus, directions have been given to the petitioner to deposit the correction fees along with original documents of the candidate in question.
3. In view of the aforesaid stand as taken by the CBSE, the present writ petition is allowed. Directions are given to the petitioner to approach the concerned school within a period of two weeks along with the original certificates and also pay the requisite fees. After receipt of the requisite documents and fees from the petitioner, the school shall forward the original certificates along with the fees to the CBSE within two weeks thereafter.
4. The CBSE is directed to do the needful expeditiously, preferably within six weeks after receipt of the complete documents and fees from the petitioner and the school.
5. With the aforesaid directions, the present petition is disposed of.
The court's decision was based on the CBSE's authority to approve name change requests on certificates and the petitioner's compliance with the CBSE's instructions.
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 ....
The main legal point established in the judgment is the recognition of the Right to Identity as an intrinsic part of Right to Life under Article 21 of the Constitution of India, allowing individuals ....
Educational institutions must ensure the accuracy of personal details in certificates, allowing corrections as per prescribed procedures.
The central legal point established in the judgment is that educational boards should consider applications for change or correction of particulars in certificates based on public documents and, in c....
The right to change one's name is a fundamental right, but such changes do not retroactively alter educational records reflecting past identities.
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