Delhi District Court
Sh. Harsh Gupta vs Central Board Of Secondary Education on 11 April, 2023
IN THE COURT OF MS. SHUBHI GUPTA
CIVIL JUDGE ( East), KKD COURTS, DELHI
CS No. 1098/18
Date of Institution of suit : 03.11.2018
Date of reservation of Judgment : 11.04.2023
Date of pronouncement of Judgment : 11.04.2023
Sh. Harsh Gupta
S/o Shri Ramesh Gupta
R/o M-134, First Floor,
Gali No. 7, Jagat Ram Park,
Laxmi Nagar, East Delhi,
Delhi-110092 ............Plaintiff
versus
1.Central Board of Secondary Education through its Secretary Shiksha Kendra Community Centre, Preet Vihar, Delhi-110092
2. The Principal, Bal Bhawan Public School (Code No. 65015) Laxmi Nagar, Delhi-110092 ..........Defendants SUIT FOR DECLARATION AND MANDATORY INJUNCTION
1. Vide this judgment I shall decide a suit for declaration and mandatory injunction.
Brief facts of the plaint:
2. The brief facts of the plaint as alleged by the CS No.1098/18 Harsh Gupta Vs. CBSE 1/8 plaintiff in the plaint which are necessary for the disposal of the suit are that the plaintiff is a law abiding and peace loving citizen. It is stated that the plaintiff has passed out from Bal Bhawan Public School, Laxmi Nagar, Delhi in the year 2017. It is stated that the officials of defendant no. 1 had issued secondary school certificate to the plaintiff having roll no. 8160031 with the incorrect names of the plaintiff and his parents as Harsh Chhari S/o Ramesh Chhari and mother's name as Savita Chhari whereas the correct names of the plaintiff and his parents are Harsh Gupta, Ramesh Gupta and Savita Gupta. It is further stated that the Aadhaar Cards of the plaintiff and his parents bear names as Harsh Gupta, Ramesh Gupta and Savita Gupta. It is further stated that due to the incorrect names in the secondary school certificate the plaintiff is facing hardship. It is further stated that the plaintiff has visited to the defendants on many of the occasions but the officials of the defendants flatly refused to carry out the requisite corrections/rectification in the name of the plaintiff and his parents. The plaintiff has got published his abovesaid contention in national daily newspaper Jan Satta dated 31.01.2018. Plaintiff now seeks to change his name and his parents' names from Harsh Chhari, Ramesh Chhari and Savita Chhari to Harsh Gupta, Ramesh Gupta and Savita Gupta in the secondary school examination documents.
3. Written statement on behalf of defendant no. 1 The defendant no. 1 filed written statement controverting the claim of the plaintiff while contending that the suit of the plaintiff is not maintainable. It is stated that CBSE CS No.1098/18 Harsh Gupta Vs. CBSE 2/8 frames its own rules and is governed by them and CBSE discharging the functions of conducting examination prescribing educational courses and generally maintaining the standards school education and advising the Government of India when called upon to do so, on matters pertaining to school education. The CBSE frames its own rules and is governed by them. The CBSE can only change the name of the plaintiff and this directorate has nothing to do in this matter. It is further stated that the suit of the plaintiff is beyond the period of limitation. It is further stated that no cause of action has arisen in favour of the plaintiff and the suit is liable to be dismissed u/o 7 Rule 11 CPC. All the averments in the plaint are denied by the defendant no. 1.
4. ISSUES On the pleadings of the parties, following issues were framed by Ld. Predecessor vide order dated 16.04.2019.
1. Whether the plaintiff is entitled to decree of declaration as prayed? OPP
2. Whether the plaintiff is entitled to decree of mandatory injunction as prayed? OPP
3. Relief.
5. PLAINTIFF'S EVIDENCE Plaintiff has examined himself in his evidence as PW-1 whose examination in chief is by way of affidavit Ex. PW- 1/A. PW-1 relied upon the following documents:
(i) Ex. PW-1/1 : Copy of Aadhar Card of the
CS No.1098/18 Harsh Gupta Vs. CBSE 3/8
plaintiff (OSCR)
(ii) Ex. PW-1/2 : Copy of the marksheet of class X
of the plaintiff (OSCR)
(iii) Ex. PW-1/3 : Copy of newspaper publication
(OSCR)
(iv) Ex. PW-1/4 : Copy of Gazette Notification
(OSCR).
(v) Ex. PW-1/5 : Copy of PAN card of father of the
plaintiff. (OSCR)
(vi) Ex. PW-1/6 : Copy of Aadhar Card of father of
the plaintiff. (OSCR)
(vii) Ex. PW-1/7 : Copy of Aadhar Card of mother
of the plaintiff. (OSCR)
(viii) Ex. PW-1/8 : Copy of PAN card of mother of
the plaintiff. (OSCR)
(ix) Ex. PW-1/9 : Copy of receipt slip regarding
publication of name in official
Gazette (OSCR).
6. My observation on the above issues as follow:
Both the issues are taken up together.
(i) Whether the plaintiff is entitled to decree of declaration as prayed? OPP
(ii) Whether the plaintiff is entitled to decree of mandatory injunction as prayed? OPP The onus to prove these issues was upon the plaintiff.
Vide judgment of Jigya Yadav Vs. CBSE 2021 SCC CS No.1098/18 Harsh Gupta Vs. CBSE 4/8 Online SC 415, the Hon'ble Supreme Court has held that right to change the name is a facet of the fundamental right as granted under Article 19 (1) (a) of the Constitution of India and cannot be denied the right can be exercised in the manner prescribed in the directions as contained in paragraph 171 and 172 of the Judgment of Jigya Yadav (supra) which is reproduced as below:
"171. As regards request of "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars intended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when theh request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate.
(a) Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, therefore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing CS No.1098/18 Harsh Gupta Vs. CBSE 5/8 Public Notice and publication in the Official Gazette before recording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain disclaimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten).
(b) However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or publicdocument, that request may be entertained upon insisting for prior permission/declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate(or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant.
CS No.1098/18 Harsh Gupta Vs. CBSE 6/8
172. In light of the above, in exercise of our plenary juridiction, we direct the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration. Even other pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paragraphs 170 and 171, as may be applicable, until amendment of relevant Byelaws.
Additionally, the CBSE shall take immediate steps to amend its relation Byelaws so as to incorporate the stated mechanism for recording correction or change, as the case may be, in the certificates already issued or to be issued by it."
In view of the law as laid down in the judgment of Jigya Yadav (supra) the stand taken by the defendant no. 1 wholly untenable and the same militates against the law laid down by the Hon'ble Supreme Court of India in the aforementioned judgment.
The plaintiff is, therefore, directed to move an appropriate application if no application has been moved by the plaintiff till date along with the documents including the Aadhar Card and the PAN card before the CBSE. On receiving such application, the defendant no. 1 is directed to carry out the desired change in the name of the plaintiff and his mother and father in the marksheet and certificate of secondary school examination within 8 weeks from the date of filing of the application. The plaintiff shall, thereupon, be entitled to file the application before defendant no. 2 along with original records who shall also make the necessary corrections in the educational CS No.1098/18 Harsh Gupta Vs. CBSE 7/8 certificates/records issued to the plaintiff in light of the said fresh certificate issued by the defendant no. 1.
7. Relief The suit of the plaintiff is decreed, therefore, the defendants are directed to correct the names of the plaintiff and his parents from Harsh Chhari, Ramesh Chhari and Savita Chhari to Harsh Gupta, Ramesh Gupta and Savita Gupta in the light of the judgment Jigya Yadav (supra). Defendant no. 1 is also directed to issue fresh academic document to the plaintiff in consonance with the corrected names of the plaintiff and his parents.
Decree Sheet be prepared accordingly.
File be consigned to Record Room after due compliance.
(this order contains 08 pages and each page has been signed by me.) Pronounced in open court on 10.04.2023.
(Shubhi Gupta)
Civil Judge(East)/KKD Courts
CS No.1098/18 Harsh Gupta Vs. CBSE 8/8