Rajasthan High Court - Jaipur
Pinki Johari vs Secretary C B S E And Anr on 20 February, 2017
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B.Civil Writ Petition No. 17031 / 2016
Pinki Johari W/o Shri Vinod Johri, 5, Sitaram Colony, Ram Nagar,
Vistar (extension) Sodala, Jaipur (Raj.)
----Petitioner
Versus
1. Secretary, Central Board of Secondary Education (CBSE), Delhi
2. Regional Director, Central Board of Secondary Education
(CBSE), Ajmer
----Respondents
_____________________________________________________ For Petitioner(s) : Mr. Devesh Tripathi.
For Respondent(s) : Mr. M.S. Raghav.
_____________________________________________________ HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Order 20/02/2017 Petitioner has filed this writ petition for a direction to respondents to make necessary correction in her name by substituting her name as Pinki Johari in place of Priyanka Johari in the C.B.S.E. Secondary Certificate. Prayer is also made by the petitioner for a direction to the respondents to change her name accordingly in the school records of her daughter Ishita Johari.
It is contended that the petitioner is known by her pet/nick name Priyanka Johari, whereas her name in academic record is Pinki Johari. When her daughter Ishita Johari was admitted to the school, in her admission form against column of mother's name her husband mentioned her name as Priyanka Johari in place of Pinki Johari and that mistake continued to run in her entire academic record and accordingly petitioner's daughter Ishita (2 of 4) [CW-17031/2016] Johari was issued Registration No.A/6/15/03630/0015 with mother's name as Priyanka Johari. It is contended that petitioner has been issued Aadhar Card, Identity Card showing her name as Pinki Johari and even in the ration card her name is mentioned as Pinki Johari. Ishita Johari has been issued new birth certificate with name of her mother as Pinki Johari. To rectify the mistake, petitioner got a notice published in the newspaper and she finally got her name changed as Pinki Johari and this fact has also been published in the Rajasthan Gazette dated 25.08.2016. Thereafter the petitioner approached the schools and asked for correction in her name in the school record of her daughter Ishita Johari. For that purpose, petitioner did the needful and completed all formalities. The school sent the application of petitioner to respondent no.2 for needful. The respondent no.2, vide order dated 31.05.2016, has rejected the application of the petitioner stating that required correction does not match with school record of her daughter. It is contended that as per the bylaws of the Central Board of Secondary Education, such correction is permissible.
Learned counsel for petitioner has relied on judgment of a coordinate bench of this court dated 22.12.2016 in S.B. Civil Writ Petition No.2994/2016 - Aadya Sharma @ Simran Arora Vs. Union of India and Others, and submitted that the point raised in this writ petition is covered by that judgment.
Learned counsel for the respondents opposed the writ petition.
In Aadya Sharma @ Simran Arora, supra, a coordinate bench (3 of 4) [CW-17031/2016] of this court relied on judgment of the Punjab and Haryana High Court dated 06.10.2016 in Arzaab Singh Dhindsa Vs. Central Board of Secondary Education and Others - Civil Writ Petition No.5383/2016, wherein similar issue was considered and decided. Reference was also made of judgment of the Delhi High Court in Navee @ Naveen Dogra and Others Vs. CBSE - 2013 (205) DLT. The coordinate bench of this court in Aadya Sharma @ Simran Arora, supra, while allowing the writ petition, directed the respondents to change the name of the petitioner from Simran Arora to Aadya Sharma as per the Gazette Notification dated 04th September, 2015, which is much prior to the declaration of result and even paper publication regarding change in the name is dated 25th July, 2015.
As per the examination bye-laws, Rule 69.1(i), change in the name or surname of candidates is to be considered provided the changes have been admitted by the court of law and notified in the Government Gazette before the publication of result of the candidates. The gazette notification has already been published. The petitioner has alleged to have submitted all the documents and completed the formalities, however, prayer of the petitioner has been declined on the ground not existing under the Rules. The change of the name is permitted subject to previous school record, whereas, no such provision exists under the Rules. In view of above, the respondents have not applied their mind in accordance with the Rules while passing the order dated 31.05.2016.
In view of the above, this writ petition is allowed. The (4 of 4) [CW-17031/2016] respondents are directed to change the name of the petitioner from Priyanka Johari to Pinki Johari in the school record of her daughter Ishita Johari, as per the Gazette Notification dated 25.08.2016. This exercise be undertaken and completed within a period of one month from the date a copy of this order is produced before the respondents.
(MOHAMMAD RAFIQ)J. Mohit Grover Sr. No.99.