Rajasthan High Court - Jodhpur
Akshaya Murali vs Central Board Of Secondary Education on 14 January, 2019
Author: Sangeet Lodha
Bench: Sangeet Lodha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ No. 15754/2018
Akshaya Murali D/o Shri Muraleedharan JT, aged 19 Years, B/c
Ezhava, R/o HQ CE (P) Chetak, C/o 56 APO, Beechawal, Near
Agricultural University, Dist. Bikaner (Raj.)
----Petitioner
Versus
1. Central Board Of Secondary Education, Through The
Chairperson, Shiksha Kendra, 2, Community Centre, Preet
Vihar, New Delhi.
2. Director, Central Board Of Secondary Education, Regional
Office, Tadamal Marg, Ajmer (Raj.).
----Respondents
For Petitioner(s) : Mr. V.R.Choudhary
For Respondent(s) : Mr. Anil Kumar Khatri
HON'BLE MR. JUSTICE SANGEET LODHA
Judgment 14th January, 2019
1. By way of this petition, the petitioner is seeking directions to the respondent Central Board of Secondary Education (CBSE) to correct the names of her mother and father in her Statement of Marks of Class-XII, Certificate of Passing and Migration Certificate.
2. The facts relevant are that the names of the petitioner's father and mother are Mr. Muraleedharan J.T. and Mrs. Manjumol C.P., however, in the mark-sheet of petitioner's Class-X Examination issued by the Council for Indian School Certificate Examination (CISCE), New Delhi, their names were entered as (2 of 6) [CW-15754/2018] Mualeedharan JI and Manju Murali respectively. Consequently, while seeking admission in Class-XII, which the petitioner has passed from CBSE, the names of her father and mother were mentioned as Mualeedharan and Manju Murali respectively, and thus, in the mark-sheet of her Senior School Certificate Examination 2018 issued by the CBSE, their names have been entered accordingly.
3. The petitioner's father Muraleedharan J.T. is a Government employee of General Reserve Engineer Force under Ministry of Defence. The petitioner has placed on record, the Service Certificate of her father issued by the competent authority, wherein, his name is mentioned as Muraleedharan J.T. The petitioner's father made application to CISCE as also to the CBSE for correction of the name in the documents. Pursuant to the application made, after correction of the names, CISCE has issued Statement of Marks and Certificate of Secondary Education after correcting the names as applied for, however, CBSE has declined to make the necessary corrections as prayed for. Hence, this petition.
4. A reply to the writ petition has been filed on behalf of the CBSE stating that for correction of the names, the amended Rule 69.1 of the CBSE Examination Bye-laws is applicable to the candidates whose results have been declared after 25.6.15. Since the result of the petitioner was declared on 26.5.18, according to the CBSE, the change in the candidate name, mother name and father name shall be governed by amended Rule 69.1(i) and any correction in name shall be governed by amended Rule 69.1(ii). It is submitted that in the instant case the petitioner is claiming change in the names and surnames of her parents and therefore, (3 of 6) [CW-15754/2018] she was required to follow the procedure as contained in Rule 69.1(i) within the stipulated time i.e. before the declaration of result and thus, now she is not entitled to get her parents' name and surnames changed in the mark-sheet of Class-XII issued on 26.5.18.
5. Rule 69.1 of the Examination Bye-laws relied upon by the respondent-CBSE reads as under :
"69.1(i) (Change in Candidate Name, Mother Name & Father Name) Applications regarding changes in name of surname of candidates will be considered provided the changes have been admitted by the Court of law and notified in the Government Gazette before the publication of the result of the candidate. In cases of change in documents after the court orders caption will be mentioned on the document "CHANGE ALLOWED IN NAME/FATHER'S NAME/MOTHER'S NAME/GUARDIAN'S NAME FROM____ TO ____ ON (DATED)_____ AS PER COURT ORDER NO.____ DATED____." "
6. Learned counsel appearing for the petitioner contended that it was only an inadvertent error that the names of the petitioner's father and mother were mentioned in her Statement of the Marks for Class-X and Certificate of passing as "Mualeedharan" and "Manju Murali" instead of "Muraleedharan J.T." and "Manjumol C.P." respectively, which now stand corrected by CISCE and the corrected Statement of Marks and Certificate have already been issued. It is submitted that the names in the petitioner's Statement of Marks of Class-XII Examination and Certificate of (4 of 6) [CW-15754/2018] passing, the names of her mother and father were mentioned as appearing in Class-X mark-sheet and certificate and since, the corrected mark-sheet has now been issued by the CISCE, there is no reason why the CBSE on the basis of the correction made as aforesaid by CISCE, should not issue the corrected Statement of Marks, Certificate of passing and Migration Certificate to the petitioner. Learned counsel submitted that on the facts and in the circumstances of the case, there is no reason to relegate the petitioner to follow the procedure as contained in Rule 69.1(i) of CBSE Examination Bye-laws. In support of the contention, learned counsel has relied upon decision of this Court dated 21.1.14 in the matter of "Pankaj Prem Purohit Vs. State of Rajasthan & Ors."(S.B. Civil Writ Petition No.1114/12).
7. On the other hand, learned counsel appearing for the CBSE while reiterating the stand taken in reply to the writ petition contended that the corrections as prayed for, were permissible to be made after following the procedure laid down under Rule 69.1(i) before the declaration of result and therefore, the CBSE on its own cannot permit the changes in the names of the petitioner's parents as prayed for.
8. I have considered the submissions of the learned counsels and perused the material on record.
9. Indisputably, the CBSE has issued the Statement of Marks, Certificate of passing and Migration Certificate mentioning the names of the petitioner's parents as disclosed by the petitioner on the basis of the Mark Sheet and Certificate of Class-X Examination issued by CISCE. But the fact remains that the mistake crept in, for whatever reasons stands rectified by the CISCE and the corrected Mark Sheet and Certificate of passing have already been (5 of 6) [CW-15754/2018] issued by the CISCE, the photostat copies whereof are placed on record by the petitioner. It is noticed that the petitioner's father is a Government employee of General Reserve Engineer Force under Ministry of Defence. In this regard, Service Certificate of the petitioner's father issued by his Employer is placed on record, wherein his name is mentioned as "Muraleedharan JT". The petitioner has also placed on record the Marriage Certificate of her parents wherein the name of the petitioner's father is mentioned as "Muraleedharan J.T." and mother's name as "Manjumol C.P.". In any case, the names of the petitioner's parents in the Mark Sheet and Certificate of Class-X Examination having been corrected by the CISCE, after due consideration, there is no reason why the CBSE should also not rectify the error, more so, when the names of the petitioner's parents in the CBSE record were entered on the basis of the Mark Sheet and Certificate of Class-X Examination issued by the CISCE produced by the petitioner.
10. In the considered opinion of this Court, on the facts and in the circumstances of the case, it would not be appropriate to direct the petitioner to approach the Civil Court to seek the declaration for the change of the names of her parents. Obviously, the variance in the names of the petitioner's parents in the Mark Sheet and Certificate of passing of Class-X Examination and Class- XII Examination may create difficulties for the petitioner in her further studies and employment. Thus, in the interest of justice, this Court considers it appropriate to direct the CBSE to effect the changes in the names of the petitioner's parents as prayed for, in conformity with the corrected Mark Sheet and Certificates already issued by CISCE.
(6 of 6) [CW-15754/2018]
11. Accordingly, the writ petition is allowed. The respondent- CBSE is directed to correct the names of the petitioner's parents as prayed for, in conformity with corrected Mark Sheet and Certificates of Class-X Examination issued by CISCE and issue the corrected Statement of Marks, Certificate of passing and Migration Certificate to the petitioner within a period of four weeks from the date of receipt of certified copy of this order. No order as to costs.
(SANGEET LODHA),J 48-vij/-
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