Point of Law: It is clear that the CBSE Regulations relied upon by the respondents cannot be considered to be a ‘law’ as required under Article 19(2) through which reasonable restrictions can be imposed on the freedom of expression guaranteed under Article 19 (1) (a). Thus, I have no hesitation in holding that the right of freedom of expression guaranteed to the petitioner under Article 19 (1) (a), in the present case freedom of expression through change of name, cannot be denied to the petitioner and he is entitled to change his name

JUDGMENT :

1. Heard counsel for the petitioner and Sri Hriday Narain Pandey, Advocate appearing on behalf of respondent nos. 2 to 4, the Board.

2. The present petition has been filed by the petitioner saying that the petitioner had appeared in the Secondary School Examination in the academic year 2011-13, i.e. Class-X bearing Roll No. 5118987 and Senior School Certificate Examination in the year 2015 i.e. Class-XII bearing Roll No. 5653747, conducted by the Central Board of Secondary Education, Delhi in the name of Rishu Jaiswal son of Santosh Kumar Jaiswal and had passed the said examinations also. The petitioner later on, with an intent to change his name from Rishu Jaiswal to Kabir Jaiswal got a notice published in the notification in the Gazette of India baring Gazette No. 44] New Delhi, Saturday, November 2-November 8, 2019 (Kartika 11, 1941) Part-IV, page No. 2060 and moved an application for correction of the name from Rishu Jaiswal to Kabir Jaiwal.

3. The petitioner claims that the name was changed in the Aadhar Card and the PAN Card also in pursuance to the Gazette Notification, however, when the petitioner moved an application through the school concerned for change of name in the certificates, granted by the CBSE, the school in question forwarded the request to the Board and the Board vide order dated 27.5.2020 has rejected the application for change of name on the ground that the particulars of the school records do not show the change of name as sought by the petitioner. The said order is under challenge in the present writ petition.

4. The counsel for the petitioner has argued that once a Gazette Notification has been issued and no objections have been filed, it has been announced to the world in ‘rem’ that the petitioner intends to change his name and no plausible cause exists for the Board to reject the same. He further states that once the petitioner had made a request for change of name through the school concerned and there was no opposition to the same, the Board should have no objection in change of name as sought by the petitioner.

5. The petitioner has placed reliance on the judgment of this Court in the case of Anand Singh Vs. U.P. Board of Secondary Education and Others; 2014 (3) ADJ 443 and the judgment of this Court in the case of Ankit Singh Vs. Union of India and Others; 2019(9) ADJ 664. He thus argues that the Board is adopting a hyper technical approach in rejecting the request whereas the petitioner has taken all steps to announce to the world through the Gazette Notification. The petitioner also states that he shall not take any benefit only on account of change of name other than the rights to which the petitioner is entitled. He further argues that the identity of the person remains the same, only the petitioner intends to change the first name and, therefore, the writ petition deserves to be allowed.

6. Sri H.N. Pandey appearing on behalf of respondent nos. 2 to 4, the Board, has brought before me the copy of the examination bye-laws to argue that the request cannot be considered as the requirement is as under amended Rules 69.1 (i) and 69.1 (ii), which are quoted hereinbelow:-

"69.1(i)-

(Change in Candidate name, Mother Name & Father Name)

Applications regarding changes in name of surname of candidates will be considered provided the changes have been admitted by the Court of law and notified in the Government Gazette before the publication of the result of the candidate in cases of change in documents after the court orders caption will be mentioned on the document "CHANGE ALLOWED IN NAME/FATHER'S NAME/MOTHER'S NAME/GUARDIAN'S NAME FROM _____TO _____ ON (DATED) ____ AS PER COURT ORDER NO.____ DATED____

69.1(ii)

(Correction in candidate name, Mother Name & Father Name)

Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidate's name/Surname, Father's name/ Mother's name or Guardian's name to make it consistent with what is given in the school recor