Order on Board

1. The petitioner has filed this writ petition seeking following reliefs:

“10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to correct the spelling of surname of petitioner as "Kushwaha" in place of "Kushwha" incorrectly mentioned in Class-10th mark sheet of petitioner, forthwith, in accordance with law.

10.2 To kindly grant any other relief which may be deem fit in the given facts and circumstances of the instant case.”

2. Facts of the case, as projected in the petition, are that the petitioner was initially admitted to Class I at Mona Modern English Medium School, Sarangarh, where his name was correctly recorded as Virendra Singh Kushwaha in the school records (Dakhil Kharij register). Thereafter, the petitioner was admitted to G.G. English Medium School, Dhanuhardera, Raigarh, which is affiliated with the Central Board of Secondary Education (CBSE), from where he passed Class X in the year 2013. It is further stated that while issuing the Class X mark sheet, a typographical error occurred, and the surname of the petitioner was incorrectly recorded as “Kushwha” instead of the correct surname “Kushwaha.” The petitioner submits that such error is apparent on the face of the record and is purely clerical in nature. The mark sheet itself provides that corrections in the name, parentage, and date of birth may be carried out within a period of ten years from the date of issuance. Upon noticing the said discrepancy, the petitioner promptly approached the concerned school authorities and submitted an application for correction of his surname. The school, in turn, forwarded the petitioner’s application along with necessary documents to the competent authority, and a communication to this effect was sent to the Section Officer (Examination), CBSE on 21.03.2015. However, despite lapse of considerable time, no decision has been taken on the said application till date. It is further the case of the petitioner that he again submitted a fresh application/representation on 23.03.2019 seeking correction of his surname in the mark sheet, but the same has also remained undecided. The petitioner has made several representations thereafter, but no effective action has been taken by the respondents, thereby compelling him to approach this Court by way of the present petition.

3. Learned counsel for the petitioner submits that the error in the surname of the petitioner in the Class X mark sheet is purely typographical and inadvertent, and the same deserves to be corrected to reflect the true and correct name of the petitioner as recorded in the school admission records. It is contended that despite the petitioner having taken timely steps within the permissible period of ten years, the respondent authorities have failed to take any decision on his applications dated 21.03.2015 and 23.03.2019, which amounts to arbitrary inaction. It is further submitted that the petitioner had duly approached the concerned school immediately after noticing the mistake, and the school authorities had forwarded his application along with requisite documents to the CBSE authorities; however, the matter has been kept pending without any justification. Such inaction, it is argued, is illegal, unreasonable, and violative of the petitioner’s rights, as the incorrect surname in the mark sheet is causing serious prejudice to the petitioner in his academic and professional pursuits. Learned counsel also submits that in an identical matter concerning the petitioner’s real brother, where a similar typographical mistake had occurred in the mark sheet, this Court, in W.P.(C) No. 3659/2019, vide order dated 16.10.2019, directed the respondent authorities to take appropriate steps for correction of the mark sheet, including correction in the name and other particulars, in accordance with law. It is contended that the present case stands on identical footing, and ther