Kerala High Court
Vyshnav @ Vishnu Viswam V vs Central Board Of Secodary Education on 25 April, 2001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939
WP(C).No. 29882 of 2017 (I)
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PETITIONER(S):
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VYSHNAV @ VISHNU VISWAM V.
AGED 21 YEARS, S/O. VISWAMBHARAN,
V.V.SADANAM, PONAKAM P.O.,
MAVELIKKARA, ALAPPUZHA - 690 101.
BY ADVS.SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
SRI.A.R.DILEEP
SRI.MANU SEBASTIAN
SRI.P.J.JOE PAUL
RESPONDENT(S):
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1. CENTRAL BOARD OF SECODARY EDUCATION
SHIKSHA KENDRA, 2, COMMUNITY CENTRE,
PREET VIHAR, NEW DELHI - 110 092.
2. REGIONAL OFFICE OF THE CENTRAL BOARD OF SECONDARY
EDUCATION, NEW NO.3, OLD NO. 1630 A,
J BLOCK, 16TH MAIN ROAD,
ANNA NAGAR WEST, CHENNAI - 600 040.
3. THE PRINCIPAL
SREE NARAYANA CENTRAL SCHOOL,
CHERUKUNNAM, THEKKEKKARA,
MAVELIKKARA, ALAPPUZHA DISTRICT - 690 107.
R1 & R2 BY ADV. SRI.NIRMAL S., SC, CBSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08-12-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 29882 of 2017 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 ATRUE COPY OF APPLICATION DATED 25.4.2001 FOR ADMISSION
SUBMITTED BEFORE THE 3RD RESPONDENT SCHOOL.
EXHIBIT P2 ATRUE COPY OF RELEVANT PAGE OF THE ADMISSION REGISTER
MAINTAINED BY THE 3RD RESPONDENT SCHOL.
EXHIBIT P3 ATRUE COPY OF GRADE SHEET CUM CERTIFICATE DATED 26.5.2013
OF PERFORMANCE ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 ATRUE COPY OF NOTIFICATION DATED 14.7.2015 IN THE OFFICIAL
GAZETTE.
EXHIBIT P5 TRUE COPIES OF THE ADVERTISEMENTS ISSUED IN THE
NEWSPAPERS.
EXHIBIT P6 ATRUE COPY OF AFFIDAVIT DATED 05.4.2017 EXECUTED BY THE
PETITIONER.
EXHIBIT P7 ATRUE COPY OF COMMUNICATION NO. CBSE/RO(M)/
CORRN/REJECTION/2017/6977 DATED 21.3.2017 SENT BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P8 ATRUE COPY OF LETTER NO. SNCS/03/2017-2018 DATED 31.5.2017
SENT BY THE 3RD RESPODNENT TO THE 2ND RESPONDENT.
EXHIBIT P9 ATRUE COPY OF COMMUNICATION NO. CBSE/RO(M)/
CORR/REJECTION/2017/6977 DATED 20.7.2017 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P10 ATRUE COPY OF AMENDMENT NOTIFICATION NO. CBSE/COORD/EC-
31-03/2015 DATED 25.6.2015 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS; NIL
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//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
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W.P.(C) No.29882 of 2017
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Dated this the 8th day of December, 2017
JUDGMENT
Petitioner, a student of the third respondent school cleared 10th standard secondary school examination conducted by the first respondent in 2013, and was issued with Ext.P3 certificate. In 2015, the name of the petitioner was changed from "Vishnu Viswam V" to "Vyshnav V". The third respondent school at the instance of the petitioner forwarded a communication to the second respondent for incorporating the change of the name of the petitioner in Ext.P3 certificate. However, the said requests were rejected as per Exts.P7 and P9 communications by the second respondent, on the ground that, the applications were not made within one year, from the date of declaration of results, as is required under Rule 69.1(ii) of the examination bye laws of the first respondent. According to the petitioner, the aforesaid rule relates to correction of spelling and typographical error in the name of the candidate. However, the subject issue relates to a change in the name of W.P.(C) No.29882 of 2017 2 the candidate, which is dealt with under Rule 69(1)(i). It is thus seeking to quash Exts.P7 and P9, and for other related reliefs, this writ petition is filed.
2. I have heard learned counsel for the petitioner and learned standing counsel appearing for the first respondent.
3. The subject issued revolves around Rule 69.1.
(i) of Ext.P10, which read thus:-
"Change in name of candidates/Father/Mother/Guardian once entered in the Board's record at any stage while studying in Class IX, X, XI, XII or thereafter, within a period of ten years from the date of issue of first such document shall be considered on written request of the Candidate (not minor)/ father/mother/guardian duly forwarded by the Head of the institution supported by the following documents.
a) Original copy of two newspapers (daily English/Hindi newspaper at National level & daily newspaper in a vernacular language circulated in the locality), in which the desired change has been published.
b) Original Affidavit duly sworn before the Judicial Magistrate, First Class/Metropolitan Magistrate/Executive Magistrate/Sub Divisional Magistrate.
c) Original copy of Publication in Government Gazette.
d) Payment of prescribed fee.
W.P.(C) No.29882 of 2017 3
e) True copy of admission form filed in by the parents duly updated as per Gazette Notification of desired change and duly attested by the Head of the concerned institution.
f) True Copy of School Leaving Certificate of the previous school submitted by the parent/candidate at the time of admission and updated as per Gazette Notification of desired change, duly attested by the Head of the concerned institution.
g) True Copy of the page of admission and withdrawal register of the school where the entry has been made in respect of candidate showing updation as per Gazette Notification of desired change, duly attested by the Head of the concerned institution."
4. On an analysis of the aforesaid rule it is evident that, consequent to change of name, ten year period is provided from the date of issue of the first document, which stands amended as follows, on and with effect from 25.06.2015:-
"Applications regarding changes in name or surname of candidates may 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."
W.P.(C) No.29882 of 2017 4
5. On an analysis of the said rule and amended provision it is evident that, the first respondent relied on an incorrect provision in order to non-suit the petitioner by rejecting the applications submitted for change of name. Therefore, Exts.P7 and P9 cannot be sustained under law, since the same is violative of the rule provided for the purpose. Petitioner has passed out in the year 2013 and therefore, the law as it stood then has to be taken in to account, since there is no retrospective operation to the amendment,.Therefore, I quash Exts.P7 and P9, and direct the first respondent to re-consider the application submitted by the petitioner based on Rule 69(1(i), as it stood before as is specified above.
A final decision shall be taken, at the earliest possible time, and at any rate, within two months from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
SHAJI P. CHALY, JUDGE dlk/11/12/