Jharkhand High Court
Neelu Prasad vs Central Board Of Secondary Education ... on 2 May, 2018
Author: Rajesh Shankar
Bench: Rajesh Shankar
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(C) No. 2713 of 2016
Neelu Prasad
Wife of Shashi S. Prasad, resident of Rameshwaram Colony, PO & PS-
Bariyatu, District- Ranchi ...... Petitioner
-V e r s u s-
1. Central Board of Secondary Education through its Chairman, Delhi
2. The Regional Officer, Central Board of Secondary Education, Regional
Office, Patna
3. The Principal, Delhi Public School, Ranchi ...... Respondents
CORAM: - HON'BLE MR. JUSTICE RAJESH SHANKAR For the Petitioner :- Mr. Binod Kumar, Advocate For the CBSE :- Mr. Rajiv Ranjan, Sr. Advocate Mr. Shray Mishra, Advocate Order No.-08 Dated: 02.05.2018 The present writ petition has been filed for quashing the letter no. CBSE/RO/PTN/M&M/INC-113/2015 dated 05.02.2016 and letter No. CBSE/RO/PTN/M&M/INC-341/2015 dated 15.02.2016 whereby the Regional Officer, Central Board of Secondary Education (CBSE), Regional Office, Patna (respondent no.2) rejected the applications of the petitioner forwarded by the Principal of Delhi Public School, Ranchi (respondent no.3) for correction in name of the daughter and son of the petitioner.
2. Learned counsel for the petitioner submits that petitioner's daughter 'Avani' got admission in Delhi Public School, Ranchi in Prep. Standard wherein her name was entered in the school register as 'Avani'. Similarly, the name of petitioner's son while taking admission in Prep. Standard in the said school was entered in the school register as 'Ayush'. Avani passed Class-Xth (Higher Secondary) in the year 2013 and Class-XIIth (Senior Secondary) in the year 2015 whereas Ayush passed Class-Xth (Higher Secondary) in the year 2015. Learned counsel for the petitioner further submits that Ayush has also passed Class-XIIth examination in the year 2017 and a certificate has also been issued by the respondent-CBSE bearing his name as 'Ayush'. In the meantime, the petitioner thought it proper to change the name of 'Avani' as 'Avani Prasad' and 'Ayush as 'Ayush Prasad' i.e. addition of their surname. Accordingly, the she swore an affidavit on 17.12.2014 to the effect that her daughter 'Avani' would be known as 'Avani Prasad' and her son 'Ayush' would be known as 'Ayush Prasad' and got the information 2 published in the newspaper "Hindustan Times" on 05.01.2015. On the basis of the said affidavit and the newspaper publication, fresh birth certificates in the name of 'Avani Prasad' and 'Ayush Prasad' were issued by the Ranchi Municipal Corporation. Thereafter the petitioner, for correction in name of her daughter 'Avani' and son 'Ayush' submitted applications before the respondent no. 3, who vide letter(s) dated 12.12.2015 forwarded the same to the respondent no.2. However, the said applications were rejected by the respondent no. 2 vide letters dated 05.02.2016 and 15.02.2016 respectively. Learned counsel for the petitioner further submits that only reason assigned in the impugned letters for rejecting the petitioner's application is that the desired corrections in the candidates' name did not match with the school records. It is further submitted that otherwise also, the applications of the petitioner seeking correction in names of her children are within the period of limitation in terms with the latest circular no. CBSE/Coord/AS(C)/112576 dated 10.11.2017 issued by the respondents-CBSE.
3. Learned counsel for the respondents-CBSE while relying on the counter affidavit filed on behalf of the respondent nos. 1 and 2 submits that as per clause 69.1 of the examination bye-laws of the CBSE, the applications regarding changes in name or surname of candidates could 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 candidates. It has been admitted by the petitioner in the writ petition that in the school records, names of her daughter and son have been mentioned as 'Avani' and 'Ayush' respectively and the said name were filled up in the application forms also while appearing in the Board Examinations and thus, the CBSE has rightly issued certificates carrying said name. Moreover, Avani passed Class Xth and XIIth examinations in the year 2013 and 2015 respectively whereas Ayush passed Class Xth examination in the year 2015. Only after they have passed the said examinations, the steps have been taken by the petitioner for change in the name of her children. Since, the desired change in the name of petitioner's daughter and son do not match with the school records, her applications for change in name of her children have been rejected vide impugned letters. It is further submitted that the present case is not of correction in name, rather it is for change of name. The certificates have been issued as per the 3 school records and there is no error in the same. The petitioner now wants to add surname which does not exist in the school records.
4. Heard learned counsel for the parties and perused the materials available on record. It has been averred by the petitioner in the writ petition that she has sworn an affidavit on 17.12.2014 to the effect that her daughter 'Avani' would be known as 'Avani Prasad' and her son 'Ayush' would be known as 'Ayush Prasad' and got the information published in the newspaper "Hindustan Times" on 05.01.2015. Subsequently, on the basis of the said affidavit and newspaper publication, the Ranchi Municipal Corporation issued fresh birth certificates in the name of 'Avani Prasad' and 'Ayush Prasad', which have been annexed as Annexures-4 and 4/1 to the writ petitions respectively. It is true that the petitioner has taken belated steps seeking change in name of her children i.e. after her daughter Avani passed Class Xth and XIIth examinations and son Ayush passed Xth examination, however the revised birth certificates have been issued by the Ranchi Municipal Corporation as 'Ayush Prasad' and 'Avani Prasad' on 26.12.2014 and 01.10.2015 respectively. Under the said circumstance, if the name of the petitioner's children appearing in the certificates issued by the respondents-CBSE are not changed, there would be difference in their name in the birth certificates vis-a-vis the certificates issued by the CBSE which may seriously affect the career of the petitioner's children.
5. Thus, in the ends of justice, the respondent no.2 is directed to change the name of the petitioner's daughter 'Avani' as 'Avani Prasad' and her son 'Ayush' as 'Ayush Prasad' and accordingly issue fresh (revised) certificates of Class Xth and XIIth to them within a period of four weeks from the date of receipt/production of a copy of this order.
6. The writ petition is disposed of with the aforesaid observation and direction.
(Rajesh Shankar, J.) Ritesh/N. A.F.R