Rajasthan High Court - Jaipur
Mandeep Pathak vs C B S E And Anr on 7 February, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 16071 / 2016
Mandeep Pathak W/o Sh. Vinod Kumar Pathak, Age 41 Years, R/o
142, Near Harijan Basti Ballabhbari Gumanpura, Kota.(Raj.)
----Petitioner
Versus
1. Central Board of Secondary Education, Regional Office,
Todarmal Marg, Ajmer Through Regional Director
2. Saint John's Senior Secondary School, Bundi Road, Kota (Raj.)
Through Its Principal
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Sajid Ali For Respondent(s) : Mr. M.S. Raghav and Mr. Vishwas Saini _____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 07/02/2017 Petitioner has filed this writ petition for a direction to respondents to make necessary correction in her name by substituting her name as Mandeep Pathak in place of Sonu Pathak in the school record of her son Mehul Pathak as well as the record of respondent Board pertaining to her son of Class IX for Session 2015-16, with further direction to them to make necessary correction in her name entered in the examination form of 10 th class of her son and to issue the result accordingly. Further prayer is also made by the petitioner for a direction to the respondents to issue mark-sheet/performance profile of 9 th class of her son Mehul Pathak with her correct name against the column of mother's name.
It is contended that the petitioner is known by her pet/nick (2 of 4) [CW-16071/2016] name Sonu Pathak, whereas her name in academic record is Mandeep Pathak. When her son Mehul Pathak was admitted to the school, in his admission form against column of mother's name her husband mentioned her name as Sonu Pathak in place of Mandeep Pathak and that mistake continued to run in his entire academic record and accordingly petitioner's son Mehul Pathak was issued Registration No.A/1/17/03674/0056 with mother's name as Sonu Pathak. It is contended that petitioner has been issued Passport, Aadhar Card, Election Identity Card showing her name as Mandeep Pathak and even in the ration card her name is mentioned as Mandeep Pathak. Mehul Pathak has been issued birth certificate with name of her mother as Mandeep Pathak. To rectify the mistake, petitioner got a notice published in the newspaper and she finally got her name changed as Mandeep Pathak and this fact has also been published in the Rajasthan Gazette dated 04.08.2016. Thereafter the petitioner approached the respondent no.2 and asked for correction in her name in the school record of her son Mehul Pathak. For that purpose, petitioner did the needful and completed all formalities. The respondent no.2 sent the application of petitioner to respondent no.1 for needful. The respondent no.1, vide order dated 18.10.2016, has rejected the application of the petitioner stating that required correction does not match with school record of her son. It is contended that as per the bylaws of the Central Board of Secondary Education, such correction is permissible.
Learned counsel for petitioner has relied on judgment of a coordinate bench of this court dated 22.12.2016 in S.B. Civil Writ (3 of 4) [CW-16071/2016] Petition No.2994/2016 - Aadya Sharma @ Simran Arora Vs. Union of India and Others, and submitted that the point raised in this writ petition is covered by that judgment.
Learned counsel for the respondents opposed the writ petition by filing reply thereto.
In Aadya Sharma @ Simran Arora, supra, a coordinate bench of this court relied on judgment of the Punjab and Haryana High Court dated 06.10.2016 in Arzaab Singh Dhindsa Vs. Central Board of Secondary Education and Others - Civil Writ Petition No.5383/2016, wherein similar issue was considered and decided. Reference was also made of judgment of the Delhi High Court in Navee @ Naveen Dogra and Others Vs. CBSE - 2013 (205) DLT. The coordinate bench of this court in Aadya Sharma @ Simran Arora, supra, while allowing the writ petition, directed the respondents to change the name of the petitioner from Simran Arora to Aadya Sharma as per the Gazette Notification dated 04 th September, 2015, which is much prior to the declaration of result and even paper publication regarding change in the name is dated 25th July, 2015.
As per the examination bye-laws, Rule 69.1(i), change in the name or surname of candidates is to be considered provided the changes have been admitted by the court of law and notified in the Government Gazette before the publication of result of the candidates. The gazette notification has already been published, however, change in her name has been declined by the respondents, though, name of the petitioner has already been changed after publication in gazette. The petitioner has alleged to (4 of 4) [CW-16071/2016] have submitted all the documents and completed the formalities, however, prayer of the petitioner has been declined on the ground not existing under the Rules. The change of the name is permitted subject to previous school record, whereas, no such provision exists under the Rules. In view of above, the respondents have not applied their mind in accordance with the Rules while passing the order dated 18.10.2016.
In view of the above, this writ petition is allowed. The respondents are directed to change the name of the petitioner from Sonu Pathak to Mandeep Pathak in the school record of her son Mehul Pathak, as per the Gazette Notification dated 04.08.2016. This exercise be undertaken and completed within a period of one month from the date a copy of this order is produced before the respondents.
This also disposes off stay application no.14304/2016.
(MOHAMMAD RAFIQ)J. //Jaiman//114