CWP No.12308 of 2020 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CWP No.12308 of 2020 (O&M)

Decided on: 09.09.2020

Dipanshu Arendeh (Minor) through his natural guardian and mother

Lachman Kaur Arendeh

....Petitioner

Versus

Central Board of Secondary Education through its Regional Officer

....Respondents

CORAM: HON'BLE MR JUSTICE ARVIND SINGH SANGWAN

Present :

Mr. Vikas Deep, Advocate

for the petitioner.

Mr. Kannan Malik, Advocate

for the respondent – CBSE.

ARVIND SINGH SANGWAN, J. (Oral)

The petitioner – Dipanshu Arendeh, who is minor has filed

this writ petition for issuance of direction to the respondent – CBSE to

change his surname from 'Bhatia' to 'Arendeh' and to add the surname

of his parents. It is stated in the petition that the petitioner has already

made publication in two newspapers dated 13.09.2019 and dated

16.09.2019 (Economic Times regarding the change). It is further stated

that the father of the petitioner namely Bansri Lal Arendeh had gone to

Afghanistan for business purpose and the family had also published the

name in Gazetted of India on 28.09.2019 and 12.10.2019. The

petitioner has also annexed the supporting documents like Aadhar Card,

MOHD YAKUB

2020.09.09 16:06

I attest to the accuracy and authenticity of

this document

Punjab and Haryana High Court,

Chandigarh.

CWP No.12308 of 2020 (O&M)

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Passport in which the surname of the petitioner and his parents is

mentioned as 'Arendeh' instead of 'Bhatia'.

The petitioner had made a request to the Principal of

Manav Rachna International School, Faridabad to change his and his

parents surname vide application dated 16.10.2019. The same was,

however, rejected by the CBSE on the ground that the desire change

does not match with the record prepared by the school. Thereafter, the

petitioner applied for graduation course in the University of Essex at

United Kingdom (UK) and he was granted admission vide letter dated

02.06.2020 and the University has demanded the correct surname of the

petitioner.

On the request of the petitioner, the Principal of Manav

Rachna International School, Faridabad, again forwarded a letter dated

10.07.2020 and 13.07.2020 requesting the respondent to change the

surname of the petitioner and his parents as the record maintained by

the School was also corrected. In the meantime, the result of Senior

Secondary Exam Class 12^th was also declared, however, the name of the

petitioner remained the same as in the examination result of the

petitioner, his name was mentioned as 'Dipanshu Bhatia' and his

mother's name is mentioned as 'Lachman Kaur' and father's name is

mentioned as 'Bansri Lal'. The petitioner prays that his name as well as

the name of his parents be corrected to 'Dipanshu Arendeh', 'Lachman

Kaur Arendeh' and 'Bansri Lal Arendeh'.

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'.

MOHD YAKUB

2020.09.09 16:06

I attest to the accuracy and authenticity of

this document

Punjab and Haryana High Court,

Chandigarh.

CWP No.12308 of 2020 (O&M)

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It is stated that the surname of the petitioner has been

reflected as submitted by the school.

I have heard counsel for the petitioner and learned counsel

appearing for the CBSE.

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