Correction of particulars in CBSE certificates inconsistent with school records may be sought based on valid public documents like Aadhaar Cards, subject to reasonable conditions and formalities prescribed by the Board.

Counter affidavit filed today be kept on record.

Learned counsel for the petitioner submits that he does not intend to file rejoinder affidavit to the counter affidavit filed by learned counsel for the respondent.

Heard.

No notice need be issued to the respondent no. 5 taking into consideration the nature of order proposed to be passed.

The instant writ petition has been filed praying for quashing of the order dated 19/26.10.2020, a copy of which is annexure 4 to the writ petition whereby the claim of the petitioner for change of name of her father from "Shivankar Srivastava" to "Shivshankar Srivastava" has been rejected. The order has been sent to the school concerned i.e respondent no. 5 Principal, Nanhku Ram Public School, Pardi Khurd, Mudlideeh, Sonbhadra.

Learned counsel for the petitioner contends that the petitioner had appeared in the Secondary School Examination, 2019. In the certificate which has been issued by the Central Board of Secondary Education, name of her father has erroneously been indicated as Shivankar Srivastava instead of Shivshankar Srivastava, the correct name. He contends that the correct name of petitioner's father is duly mentioned in the Adhar Card, a copy of which has been filed as annexure 8 to the writ petition.

Reliance has been placed on a recent judgment of the Apex Court in the case Jigya Yadav (Minor) Vs. Central Board of Secondary Education and Ors passed in Civil Appeal No. 3905 of 2011 on 03.06.2021.

On the other hand, learned counsel appearing for the Central Board of Secondary Education submits that once the correction has been incorporated in the basis of information supplied by the petitioner herself, as such there is no infirmity in the Central Board of Secondary Education having entered the said particulars in the certificate.

Having heard the learned counsel appearing for the contesting parties and having perused the records what is apparent is that the petitioner wants the correction of the name of her father in the certificate issued by the Central Board of Secondary Education. In the Adhar Card of the petitioner, the name of the petitioner's father has been indicated as "Shivshankar Srivastava". The controversy pertaining to change in the certificate has already engaged the attention of the Apex Court in the case of Jigya Yadav (supra) wherein the Apex Court has held as under:-

"171. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.

(a) Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing Public Notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaim