W.P. (C) 3577/2008Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 3577/2008

Reserved on: 19.02.2009

Date of pronouncement: 23.03.2009

DHRUVA PARATE

..... Petitioner

Through : Mr. Mohinder Singh, Advocate.

versus

CBSE & ANR.

..... Respondents

Through : Mr. Atul Kumar, Advocate, for CBSE.

CORAM:

Mr. Justice S. Ravindra Bhat

1. Whether the Reporters of local papers

Yes

may be allowed to see the judgment?

2. To be referred to Reporter or not?

Yes

3. Whether the judgment should be

Yes

reported in the Digest?

Mr. Justice S. Ravindra Bhat

1. The writ petitioner seeks a direction to the respondents (hereafter

called “CBSE”) to change his name from “Dhruva Pramod Parate” to “Dhruva

Parate”. He seeks a consequential direction to the CBSE to issue a fresh 10^th

class certificate after recording necessary change.

2. The petitioner is the son of Mr. P. M. Parate; he completed studies from

the Delhi Public School, Vasant Kunj and appeared in the Class-Xth

examination held by the CBSE in 2006. At that time, his name was “Dhruva

Pramod Parate”. The mark-sheet and certificate issued by CBSE recorded

2009:DHC:970

W.P. (C) 3577/2008Page 2 of 5

that name. It is contended that due to religious and astrological reasons, the

petitioner’s name was changed from “Dhruva Pramod Parate” to “Dhruva

Parate”. It is claimed that this name change was recorded by the school

authorities in Office register dated 25.05.2006. The petitioner, therefore,

sought for rectification of the name recorded by the CBSE. It is submitted

that despite several reminders, the CBSE did not accede to the request. The

petitioner submits to having got the changed name published in two daily

newspapers, i.e. the Times of India and Navbharat Times on 04.05.2006. He

also relies on the copy of an affidavit attested by the Notary Public on

27.04.2006, duly executed by his father.

3. The CBSE in its return contends that it is governed by the norms

governing the name change or correction which are contained in bye-law 69;

it is in the following terms:-

“69Changes in Board’s Certificate

69.1 Changes & Correction in Name

i.

ii.

2009:DHC:970

W.P. (C) 3577/2008Page 3 of 5

(a)

(b)

(c)

iii.

of the prescribed fee.”

4. The CBSE submits that initially the petitioner was studying in Delhi

Public School, Noida; he migrated to Delhi Public School, Vasant Kunj in April

2003. The form filled by his father on 07.04.2003 reflected his name as

“Dhruva Pramod Parate.” The CBSE also refers to the Admission Register of

the Delhi Public School and the details received from the school, which

described petitioner’s name as “Dhruva Pramod Parate”.

5. The CBSE relies upon the order of this Court in Naina Anandv. CBSE

7933/2007 decided on 18.09.2008) and submits that name changes made

after the issuance of the certificate will be recorded in respect of later

examinations and no infirmity can be found with the certificate issued for an

earlier period or examination.

6. The narrow controversy requiring decision in this case is whether the

petitioner can claim the direction he seeks, for reflection of the name change

made by him after the certificate was issued, in 2006. A reading of bye-law

2009:DHC:970

W.P. (C) 3577/2008Page 4 of 5

69 undoubtedly suggests that name changes can be considered and granted

within two years. The definition of name change includes errors,

typographical errors in the candidate’s name, surname, mother’s name or

alteration and deletion to bring it in conformity with the school record. The

bye-laws also suggest that a two-year period has been prescribed for suo

motu correction; they further mandate that applications regarding changes

in names, surnames etc. can be granted provided they are admitted by the

Court of law and notified by the Government Gazette before publication of

results of the candidates.

7. The