Sr. No. 44

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

WP(C) No. 1539/2021

Hitik

…. Petitioner/Appellant(s)

Through:-

Mr. Abhishek Gupta, Advocate.

V/s

Union of India and others

…..Respondent(s)

Through:-

Mr. Vipan Gandotra, Advocate.

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

ORDER

01.

The Petitioner in the present petition seeks a direction to

respondent Nos. 2 and 3 to correct/change the surname of the petitioner

from

Hitik

Mahaldar

to

Hitik

Ganjoo

in

the

official

records/certificates/grade sheet issued by Central Board of Secondary

Education (CBSE), Delhi for Secondary School Examination (Class-X)

(Session 2014-16) and in the Senior School Certificate Examination, 2018

(Class-XII) issued by the Central Board of Secondary Education (CBSE)

and also to correct the name of the parents in Class-XII CBSE

examination.

02.

The petitioner was born in Vadodara in the State of Gujarat and as

per the Birth Certificate issued by the Department of Health and Family

Welfare, Gujarat on 21.05.2016, the name of the petitioner is reflected as

Hitik and his mother?s name as Joosy Ganjoo, and that of his father as

Sanjay Ganjoo.

03.

It is submitted by the petitioner that due to certain unavoidable

reasons the parents of the petitioner separated and his mother changed the

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name of father of the petitioner Sanjay Ganjoo to Chushool Mahaldar and

her own surname from Joosy Ganjoo to Joosy Mahaldar in the school

records. The surname of the petitioner was changed by his mother and

entered in the School records as Hitik Mahaldar though his Birth

Certificate reflected the name of his father as Sanjay Ganjoo.

04.

The petitioner further submits that as Chushool Mahaldar was not

the biological father of the petitioner and therefore, petitioner after

attaining majority approached the Central Board of Secondary Education

(CBSE) through his school for setting the record straight and entering the

name of his biological father as per the Birth Certificate in the records in

Class-X marks sheet. The petitioner also filed a suit for declaration and

mandatory injunction declaring Joosy Ganjoo and Sanjay Ganjoo as

biological parents and entered their names in School records.

Consequently the Ld. ^1st Civil Subordinate Judge (Special Municipal

Mobile Magistrate, Jammu) vide judgment/order dated 15.02.2018 vide

which it was declared that the petitioner was a minor at that time and

defendants declared that Sanjay Ganjoo and Joosy Razdan (Ganjoo) are

the biological parents of the petitioner-Hitik and respondent Nos. 1 and 3

were directed to enter the name of biological parents of the petitioner in

his Secondary School Examination (Class-X) grade sheet of the CBSE

and also in the school records.

05.

It appears that necessary changes were not affected in the School

records, therefore, the petitioner sent a notice to the Central Board of

Secondary Education (CBSE) for making the necessary changes in his

records. Since the respondent-CBSE has not corrected the name of the

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petitioner in the record, he has approached this Court seeking a direction

for the same.

06.

The respondent-CBSE has filed its objections and in support of

stand taken has relied upon the judgment of the Hon?ble Supreme Court in

Civil Appeal No. 3905 of 2011 titled <Jigya Yadav vs. C.B.S.E. (Central

Board of Secondary Education) & others=, decided on 03.06.2021 and

decide the matter relating to correction for change of Date of Birth or

Name. The respondents submit that they will make the corrections, if the

petitioner fulfils the requisite conditions.

07.

The issue with regard to correction of the particulars of the name

of the students as well as their parents arose before the Hon?ble Supreme

Court in <Jigya Yadav vs. C.B.S.E. (Central Board of Secondary

Education) & others=, in Civil Appea