J U D G M E N T

A.K. CHAWLA, J.

This Letter Patent Appeal has come to be preferred assailing the order dated 06.09.2017 passed by the ld. Single Judge dismissing WP(C) 7873/2017 filed by the appellant seeking correction(s)/amendment(s) in her name as also in the names of her mother and the father in the records of the respondents and the class X Grade Sheet cum Certificate of Performance, hereafter "the subject document" dated 28.05.2016 issued by the first respondent, hereafter "CBSE".

2. It is the case of the appellant that she was a student of the 2nd respondent, hereafter "the school" and studying in class XII, while CBSE was responsible for the conduct of the Examinations and the issuance of the subject document. According to the appellant, her own correct name as also that of her parents was Ms.Arya Kariyatil Chendakera, Sh. Kariyatil Chendakera Deleep Kumar and Smt. Kavitha Deleep but on account of inadvertence came to be recorded as Arya K C, K C Dilip and Kavitha Dilip in the school records and that has resulted into issuance of the subject document. To support the plea, the appellant asserts that the correct names of her parents are so recorded even in their respective passport and the Aadhar Card and that, in the event, the necessary corrections are not carried out, it would result into unnecessary hardships. The Single Judge dismissed the petition observing that the relief claimed could not be granted as it amounted to change of name as envisaged under CBSE Bye-law 69.1(i) of the Examination Bye-laws 1995 and that, the change of name is sought beyond one year after the declaration of the result. In support of such plea, reliance was placed upon the judgment of the Division Bench of this Court in LPA no. 41/2017 Aditya Srivastava (Minor) through natural guardian mother Vs. Central Board of Secondary Education & Anr.

3. The appellant questions the impugned order on the premise that she merely seeks a correction in the names and to which effect a gazette notification dated 20.05.2017 was already issued and that the correction sought falls within the purview of amended Bye-law 69.1 (ii) and not 69.1(i). It is thus the plea of the appellant that the ld. Single Judge fell into error in concluding that the appellant was actually seeking change of names rather than correction. In support of such plea, appellant has placed reliance upon the judgment of the Division Bench of this Court in W.P. (C) 1672/2017 Khushbu Kaushik vs. Central Board of Secondary Education and Anr.

4. The CBSE opposes the appellant's submissions stating that the impugned judgment is in order and does not call for interference. It highlights Bye-law 69 to say that certificates cannot be amended time and again at the whims of the candidates and this causes administrative inconvenience.

5. Undisputedly, vide notification dated 25.06.2015, CBSE carried out additions/amendments in its Examination Bye-laws and thereunder, it, inter alia, carried out amendments to Bye-law nos. 69.1(i) and 69.1(ii) relating to change(s) and correction(s) in the names. Relevant extracts thereof, are as under :

Rule No. Existing Rule Amended Rule

69.1(i) Change in name of Applications regarding changes in candidate/Father/Mother/Guardian name or surname of candidates once entered in the Board's record may be considered, provided the at any stage while studying in changes have been admitted by the Class IX, X, XI, XII or thereafter, Court of law and notified in the within a period of ten years from Government Gazette before the the date of issue of first such publication of the result of the document shall be considered on candidate.

written request of the Candidate (not minor)/ father/mother/guardian duly forwarded by the Head of the Institution supported by the following documents :

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69.1(ii) Correction in name to the extent of Correction in name to the extent of correction in spelling errors, correction in spelling errors, factual ty