The change of name backed by public documents cannot be ignored by the board, and specific conditions may be imposed for recording such changes in certificates issued by the board.

JUDGMENT :

Heard Mr. A.M. Barbhuiya, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned standing counsel, SEBA, representing both the respondents.

2. The petitioner, who was born on 01.01.2002 with the name “Abjal Hussain Laskar”, had, on attaining the age of majority, decided to change his birth name and assume the name “Aayan Akhter Laskar”. The petitioner accordingly took steps for swearing an affidavit and thereafter published a notice in the daily newspaper “Assam Tribune” declaring that he had changed his name from “Abjal Hussain Laskar” to “Aayan Akhter Laskar”. The petitioner thereafter got the change effected in his name notified in the Gazette of India dated 29.11.2022.

It is projected by the petitioner that in the public documents, like his Birth Certificate, Voter Identity Card, Marksheet of his B. Tech. examination, Aadhaar Card, Pan Card, etc., he had got changed his name recorded earlier and in all the above documents, his name now has been recorded as “Aayan Akhter Laskar”.

3. The petitioner to maintain parity with the name recorded in the above noted public documents and in his HSLC Examination records, approached the Board of Secondary Education, Assam (for short, “Board”) praying for change of his name as “Aayan Akhter Laskar” from “Abjal Hussain Laskar”. The said application as preferred by the petitioner not being disposed of by the authorities, he made an enquiry and then the petitioner was informed that the same has not been favourably considered by the Board and accordingly, the present writ petition has been instituted by the petitioner.

4. The Board has filed an affidavit in the matter and therein had disputed the claim of the petitioner. It is the stand of the Board in the affidavit that the Regulations holding the field do not permit change of the name of a candidate, who had appeared in the HSLC Examinations from the Board after a period of 3(three) years from the date of commencement of the concerned examination. The application, as submitted by the petitioner, being so submitted beyond the period prescribed in the provisions of Regulation 8(b) of the Regulation of Examination of the Board, 2016 (for short, “2016 Regulation”) was not favourably considered. The said Regulation being relevant is quoted herein below:-

“8. CORRECTION OF DATE OF BIRTH, NAME, TITLE, ETC:

(b) Correction of Name and Title:

(i) If the mistake creeps in recording the name, title etc. in the office of the Board, the correction shall be made on receipt of an application through the Head of the Institution from which the candidate appears at the examination. Such application should be recommended by the Head of the Institution and relevant documents such as Admit card, Marksheet, Certificate, if issued already, should be furnished along with the application for recording the correction.

(ii) If the mistake (spelling only) occurs due to wrong report of the Head of the Institution the application should be made within two months from the date of publication of results in the same procedure as in (b)(i) above.

(iii) When the title is changed due to marriage, the Regular female candidates will submit their applications through the Head of the Institution from which they appeared at the Examination with the attestation by their respective husband.

All such corrections except those in para (b) (ii) above, will be admissible if the applications are made within 3 years from the date of commencement of the concerned Examination with necessary fees.”

5. It has been submitted by Mr. Barbhuiya, learned counsel for the petitioner that in the event the matriculation records of the petitioner maintained in the Board is not changed, he would be subjected to great prejudice as there would arise a doubt with regard to his identity inasmuch as in other public documents, like Birth Certificate, Voter Identity Card, Mark-sheet of his B. Tech. examination, Aadhaar Card, Pan Card, etc., his name has been recorded as “Aayan Akhter Laskar” b