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2020 Supreme(P&H) 1149
IN THE HIGH COURT OF PUNJAB AND HARYANA
Arvind Singh Sangwan, J.
Dipanshu Arendeh (minor) - Appellant
Versus
Central Board Of Secondary Education - Respondent
Civil Writ Petition No. 12308 of 2020
Decided On : 09-09-2020
Vikas Deep, Advocate, Kannan Malik, Advocate
The fundamental principle of equity jurisprudence and the right to remedy for every wrong, emphasizing the need for necessary corrections to bring the truth on record.
Headnote:
Surname Change - CBSE Writ Petition - Rule 69.1(ii) - Manali d/o Chandrashekhar Barde vs CBSE, Chennai and another, (2018) 6 MHLJ 100; Satyasiva Sundar Nayak vs Secretary, Board of Secondary Education and others,2019 SCC Online Ori 193; Khushbu Kaushik (Minor) Thr. Her Father Lt. Col. Rajesh Chandra Kaushik vs CBSE through its Chairman and others, (2017) 6 AD(Del) 78; Arya Kariyatil Chendakera vs CBSE and another,2018 SCC Online Del 8402; Anchal Balu vs CBSE and others,2017 2 PunLR 549 - The court discussed the interpretation of Rule 69.1(ii) and related judgments, emphasizing the distinction between spelling errors and factual typographical errors, and the permissibility of correction in names and surnames. The court highlighted the fundamental principle of equity jurisprudence and the right to remedy for every wrong, emphasizing the need for necessary corrections to bring the truth on record. The court also addressed the applicability of limitation periods and the rights of minors to seek correction of names within a specified time frame. The judgments influenced the court's decision to allow the writ petition and direct CBSE to make necessary surname corrections within a month.
Fact of the Case:
The petitioner, a minor, sought a surname change from 'Bhatia' to 'Arendeh' and inclusion of his parents' surnames. The petitioner had already made publications and submitted supporting documents. The CBSE rejected the request, citing mismatch with school records. The petitioner's admission to a UK university necessitated the correct surname. The school later supported the petitioner's case, but the Class 12th exam result still reflected the old surname.
Finding of the Court:
The court found merit in the petition, noting that the petitioner's case was covered under CBSE rules, and the petitioner was not at fault. The court allowed the writ petition and directed CBSE to make necessary surname corrections within a month.
Issues: The issues involved the interpretation of CBSE rules, the permissibility of surname corrections, the applicability of limitation periods, and the rights of minors to seek corrections.
Ratio Decidendi: The court emphasized the distinction between spelling errors and factual typographical errors, the fundamental principle of equity jurisprudence, and the right to remedy for every wrong. The court also highlighted the applicability of limitation periods and the rights of minors to seek correction of names within a specified time frame.
Final Decision: The writ petition was allowed, and CBSE was directed to make necessary surname corrections within a month.
JUDGMENT
Arvind Singh Sangwan, J. - The petitioner Dipanshu Arendeh, who is minor has filed this writ petition for issuance of direction to the respondent - CBSE to change his surname from 'Bhatia' to 'Arendeh' and to add the surname of his parents. It is stated in the petition that the petitioner has already made publication in two newspapers dated 13.09.2019 and dated 16.09.2019 (Economic Times regarding the change). It is further stated that the father of the petitioner namely Bansri Lal Arendeh had gone to Afghanistan for business purpose and the family had also published the name in Gazetted of India on 28.09.2019 and 12.10.2019. The petitioner has also annexed the supporting documents like Aadhar Card, Passport in which the surname of the petitioner and his parents is mentioned as 'Arendeh' instead of 'Bhatia'.
2. The petitioner had made a request to the Principal of Manav Rachna International School, Faridabad to change his and his parents surname vide application dated 16.10.2019. The same was, however, rejected by the CBSE on the ground that the desire change does not match with the record prepared by the school. Thereafter, the petitioner applied for graduation course in the University of Essex at United Kingdom (UK) and he was granted admission vide letter dated 02.06.2020 and the University has demanded the correct surname of the petitioner.
3. On the request of the petitioner, the Principal of Manav Rachna International School, Faridabad, again forwarded a letter dated 10.07.2020 and 13.07.2020 requesting the respondent to change the surname of the petitioner and his parents as the record maintained by the School was also corrected. In the meantime, the result of Senior Secondary Exam Class 12th was also declared, however, the name of the petitioner remained the same as in the examination result of the petitioner, his name was mentioned as 'Dipanshu Bhatia' and his mother's name is mentioned as 'Lachman Kaur' and father's name is mentioned as 'Bansri Lal'. The petitioner prays that his name as well as the name of his parents be corrected to 'Dipanshu Arendeh', 'Lachman Kaur Arendeh' and 'Bansri Lal Arendeh'.
4. In this writ petition, reply has not been filed by counsel appearing for CBSE, however, certain documents are placed on record by CBSE, which are taken on record as 'Mark A'.
5. It is stated that the surname of the petitioner has been reflected as submitted by the school.
6. I have heard counsel for the petitioner and learned counsel appearing for the CBSE.
7. The arguments raised by counsel for the petitioner is that under Rule 69.1 (ii), the change in the name of father, mother and guardian of the student, no limitation is provided, however, in case of change of name of the student, as per the amended Rule 69.1 (ii), one year period is prescribed, which was not there in the unamended. Clause 69.1(ii) of the Bye-laws of both amended and unamended, reads as follows:-
| 69.1(ii) | Correction in name to the extent of correction in spelling errors, factual typographical errors in the candidates name / surname. Fathers 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. a) True copy of admission form(s) filled in by the parents at the time of admission duly attested by the Head of the considered institution. b) True copy of the School Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission duly attested by the Head of concerned institution. c) True copy of the portion of the page of admission and withdrawal register of the |
