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2020 Supreme(P&H) 1150
IN THE HIGH COURT OF PUNJAB AND HARYANA
Arvind Singh Sangwan, J.
Arfan Mohammad - Appellant
Versus
Regional Secretary, C B S E And Others - Respondent
Civil Writ Petition No. 37640 of 2019
Decided On : 09-09-2020
Rubal Singla, Advocate, Kannan Malik, Advocate, Sachin Gupta, Advocate
Correction in the name of the candidate's father is permissible within a certain period from the date of declaration of the result, as established by various judgments and Rule 69.1(ii) of the CBSE Bye-laws.
Headnote:
Name Correction - Education - Rule 69.1(ii) - The court discussed the provisions of Rule 69.1(ii) of the Bye-laws of CBSE and referred to various judgments interpreting the rule. The court relied on the judgments to establish that correction in the name of the candidate's father is permissible within a certain period from the date of declaration of the result, and the petitioner's case was covered under the rules of CBSE.
Fact of the Case:
The petitioner filed a writ petition seeking correction of his father's name in his 10th Standard certificate, citing a spelling mistake that occurred while filling the form. Despite submitting supporting documents, the name was not corrected by the school or CBSE.
Finding of the Court:
The court found merit in the petition, noting that the petitioner filed the application within the permissible limit under Rule 69.1 and within 3 years of attaining majority. The court directed CBSE to make the necessary correction in the father's name of the petitioner.
Issues: The main issue was the correction of the petitioner's father's name in his 10th Standard certificate, and the interpretation of Rule 69.1(ii) of the CBSE Bye-laws.
Ratio Decidendi: The court relied on various judgments to establish that correction in the name of the candidate's father is permissible within a certain period from the date of declaration of the result, and the petitioner's case was covered under the rules of CBSE.
Final Decision: The writ petition was allowed, and CBSE was directed to make necessary correction in the father's name of the petitioner within a period of 01 month from the date of passing of the order.
JUDGMENT
Arvind Singh Sangwan, J. - The petitioner - Arfan Mohammad aged about 18 years has filed this writ petition praying for issuance of a writ in the nature of mandamus directing the respondents No.1 and 2 i.e. Central Board of Secondary Examination (CBSE) to correct the father's name of the petitioner in the 10th Standard (Secondary School Examination) held in March, 2018. It is stated in the petition that the father's name of the petitioner is 'Fak Din' and mother's name is Smt. Anju. The petitioner appeared in Senior School Certificate Examination in 2018 through respondent No.3 - School and successfully passed the same. In the Certificate of Class 10th, the petitioner's father's name is written as 'Fakdeen' whereas the correct name is 'Fak Din'. The spelling mistake occurred while filling the form, which was not attributable to the petitioner as in the official documents like Aadhar Card, Voter Card, Driving Licence, R.C. of motorcycle of petitioner's father, which are annexed with the petition as Annexure P-3, his name is mentioned as 'Fak Din'. Despite serving a legal notice dated 28.08.2019, the petitioner who had submitted all the supporting documents to the school as well as to the CBSE, the name of his father is not corrected. It is further stated in the petition that in the result of Class 8th prepared by respondent No.3 - School, the father's name of the petitioner is correctly mentioned as Fak Din and similarly, in Class 9th result prepared by respondent No.3 - School, the name is correctly mentioned, however, this mistake occurred in Class 10th result.
2. It is further stated that in response to the legal notice, the respondent No.3 - School has informed the petitioner that in the school record including the admission and withdrawal register, the father's name of the petitioner is correctly mentioned as 'Fak Din' in place of 'Fak Deen' and necessary information has also been sent to the CBSE with a request to correct the father's name of the petitioner in the Matriculation Certificate. The respondent No.3 - School has also sent a communication on 27.09.2019 to CBSE, Panchkula for correcting the name along with the supporting documents.
3. 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'.
4. It is submitted that in the registration form of the petitioner, his father's name is mentioned as 'Fakdeen' and therefore, the same was reflected in the Class 10th result.
5. I have heard counsel for the petitioner and learned counsel appearing for the CBSE.
6. 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 candidate's name / surname. Father'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/ Mother's/Guardian's 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" 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 conce |
