Rajasthan High Court - Jaipur
Miss Arpita Upadhyay @ Ashi Upadhyay D/O ... vs The Central Board Of Secondary ... on 3 December, 2019
Author: Inderjeet Singh
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 6386/2019
Miss Arpita Upadhyay @ Ashi Upadhyay D/o Shri Vivek
Upadhyay, Aged About 15 Years, R/o C-275, Bhabha Marg, Tilak
Nagar, Jaipur, Rajasthan Through Her Guardian Shri Vivek
Upadhyay S/o Shri D.n. Upadhyay Aged 52 Years, B/c Brahmin,
R/o C-275, Bhabha Marg, Tilak Nagar, Jaipur, Raj.
----Petitioner
Versus
1. The Central Board Of Secondary Education, Regional
Office, Todarmal Marg, Ajmer (Raj.) 305001, Through Its
Regional Officer
2. The Central Board Of Secondary Education, Regional
Office, Todarmal Marg, Ajmer (Raj.) 305001, Through Its
Section Officer (Examinations)
3. The Principal, St. Anselm's Pink City School, Malviya
Nagar, Jaipur.
----Respondents
For Petitioner(s) : Mr. Nikhil Simlote for Mr. R.B. Mathur.
For Respondent(s) : Mr. M.S. Raghav.
Mr. Aniruddha Sharma for Mr. Balram
Vashishth.
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
03/12/2019
1. This writ petition has been filed by the petitioner with the following prayer:-
"It is therefore, humbly prayed that this Hon'ble Court would be pleased allow the writ petition and further direct the respondent Central Board of Secondary Education and the Respondent No- 3 to change the name of the petition from Miss Arpita Upadhyay to Miss Ashi Upadhyay in the light of the Gazette Notification dated 19.07.2018 (Annexure-4) in the record of respondent pertaining to the petitioner. Such (D.B. SAW/463/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 05:43:29 AM) (2 of 4) [CW-6386/2019] further relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case be passed in favour of the petitioner"
2. Counsel for the petitioner submits that the petitioner has changed her name from Arpita Upadhyay to Ashi Upadhyay and the same also published in the Gazette Notification dated 19.07.2018. Counsel further submits that while filing up the form of class 10th the petitioner has requested to the school authorities for changing her name from Arpita Upadhyay to Ashi Upadhyay but request made by the petitioner is rejected by the respondents. Counsel further submits that the respondents have issued the mark-sheet to the petitioner in the name of Arpita Upadhyay. Counsel further submits that the affidavit of father of the petitioner is duly attested by the Class-1 Magistrate having competent jurisdiction.
3. In support of his contention counsel relied upon the judgment passed by a Co-ordinate Bench of this court in the matter of Arpit Agarwal Vs. Central Board of Secondary Education and others (S.B.Civil Writ Petition No.4362/2017) wherein it has been held as under:-
"The petitioner seeks a change in the name of his father from R.B. Gupta to Ram Bharosi Gupta in his Secondary Examination Mark-sheet issued by the Central Board of Secondary Examination (CBSE) on 28-5-2016 as the application therefor filed by the petitioner was rejected on 14-3-2017.
Counsel for the petitioner submitted that the petitioner's prayer for change of the name of his father from R.B. Gupta to Ram Bharosi Gupta is innocuous. The petitioner's father's name as Ram Bharosi Gupta has been so reflected in the petitioner's birth certificate, issued by the Jaipur Municipal Corporation on the basis of registration made on 17-6-2000. Further the petitioner's father's name as Ram Bharosi Gupta is recorded in his PAN card, as also in his driving licence. It was submitted that no doubt a mistake was made when the petitioner was admitted to school where his father's name was set (D.B. SAW/463/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 05:43:29 AM) (3 of 4) [CW-6386/2019] out in an abbreviated form i.e. R.B. Gupta and that mistake was perpetuated, rather unthinkingly innocent of the consequences when the examination form for class X examination by CBSE was filled up. But the mistake cannot be held to be non-rectifiable and condemn the petitioner to suffer myriad prejudices all through life.
Mr. M.S. Raghav appearing for CBSE submitted that change of name of student's father reflected in the mark- sheet/ certificate issued by the CBSE can only be made within the scope of CBSE's Examination Bye-laws. Thereunder the petitioner is not entitled to change sought and the impugned order dated 14-3-2017 has been rightly passed.
Having heard counsel for the parties, I am of the considered view that CBSE cannot be allowed to take a very technical view of the matter, relating to changes of details in a mark-sheet/ certificate issued by it. Even though the petitioner and his parents were not careful while filling the form for admission of the petitioner to the school and while filling up the examination form for the secondary school examination to be conducted by the CBSE in the year 2016, their carelessness and casualness cannot be held to unrectifiable, to do so, would be wholly insensitive and arbitrary. CBSE's Examination Bye-laws on the issue of change of details in the mark-sheet/ certificate issued by it are merely directory to be applied with reference to the facts of each case. To hold them to be mandatory would entail a challenge, quite sustainable to their arbitrariness and hence unconstitutionality."
4. Counsel for the respondents submitted that the petitioner herself was negligent in getting her name corrected within time as required under the CBSE Rule No.69.1 (i) and prayed for dismissal of the writ petition.
5. After considering the submissions made by counsel for the parties and also the judgment of the Co-ordinate Bench of this court in the matter of Arpit Agarwal (supra) in my view, the petition filed by the petitioner deserves to be allowed for the reasons; firstly, the name of the petitioner has changed and published in the Gazette notification dated 19.07.2018; secondly, no prejudice would be caused to the respondents while changing the name of petitioner in the certificate of class 10th.
(D.B. SAW/463/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 05:43:29 AM) (4 of 4) [CW-6386/2019]
6. In that view of the matter, the writ petition filed by the petitioner is allowed and the petitioner is directed to submit an application in the office of respondents for change/correction in her name along with required documents and a certified copy of this order. On her doing so, the respondents are directed to make necessary correction i.e. change in the name of the petitioner in the Certificate of Class 10 th from Arpita Upadhyay to Ashi Upadhyay within a period of one month.
7. The petitioner is directed to deposit a cost of Rs.5,000/- in the office of the respondents along with the application form.
(INDERJEET SINGH),J MG/160 (D.B. SAW/463/2020 has been filed in this matter. Please refer the same for further orders) (Downloaded on 07/06/2021 at 05:43:29 AM) Powered by TCPDF (www.tcpdf.org)