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Documents citing Imran Ali Khan vs Central Board Of Secondary Education & ... on 6 February, 2019

Hemant Nimesh vs Central Board Of Secondary Education ... on 23 May, 2019

11. I am of the view that the present case is entirely covered by the judgment of this Court in Imran Ali Khan (supra) though Mr. Ashok Kumar, learned counsel for the CBSE, would seek to submit that the judgment in Imran Ali Khan (supra), should be read as having been rendered in personam and not in rem. The submission obviously is totally without any basis, and is accordingly rejected. Precedent is one of the sources of law in our legal system, and the overarching consideration of consistency in the exercise of judicial decision- making accords it pride of place. The binding value of judgments cannot be sought to be avoided by any tenuous attempt at treating decisions, otherwise binding, as having being rendered in personam, unless the judgment itself contains unmistakable indicia that is, indeed, a judgment rendered in personam. Court lower in the precedential hierarchy have no authority to categorize decisions of "higher" courts as rendered in personam. Any such attempt would erode at the very foundation of the precedential edifice.
Delhi High Court Cites 4 - Cited by 4 - C H Shankar - Full Document

Nikumoni vs Central Board Of Secondary Education ... on 19 November, 2020

In the aforesaid context, reference may be had to the judgment of the Division Bench of this court in the case of Imran Ali Khan vs. Central Board of Secondary Education MANU/DE/0469/2019. In that case the Division Bench of this court was considering a case where a request was made for change of the mother's name from "Kiran Khan" to Fakiha Khan". In those facts the Division Bench held as follows:
Delhi High Court Cites 2 - Cited by 0 - J Nath - Full Document

Soniya Dagur vs Central Board Of Secondary Education on 11 January, 2021

therefore, appears to be any degree of ambiguity, even slight, regarding the claim, for change of the name, made by the candidate herself/himself, or her/his parent, courts are required to adopt a circumspect approach and cannot be unruly lenient 8 . Having said that, however, where the records reveals that the prayer for change of name is genuine, the court cannot be hypertechnical in broaching the issue. This is probably best reflected in a recent judgment of the Division Bench of this Court in Imran Ali Khan v. Central Board of Secondary Education, 2019 SCC OnLine Del 6980."
Delhi District Court Cites 3 - Cited by 0 - Full Document

Aakash Sehrawat vs Central Board Of Secondary Education on 8 March, 2021

17.8. Reliance is further placed on the judgment of Hon' ble High Court of Delhi in Imran Ali Khan vs. CBSE dt. 06.02.2019 9 wherein Hon'ble High Court has clearly held that strict and restrictive approach in correction of name in a certificate issued by CBSE can not be justified only on the ground of administrative inconvenience. In the present case also, the sole objection of CBSE relates to an administrative technicality for which a substantive right of the plaintiff is being denied.
Delhi District Court Cites 2 - Cited by 0 - Full Document

Ashish Yadav vs Gyan Sagar Public School on 6 April, 2021

"5. In all such cases, the attempt of the court, in the first instance, is to ascertain whether the request of the candidate is for "change" in name or "correction" in name. Thereafter, the court is required to adopt a common sense approach. Where the records indicate that the request of the candidate is genuine, technical considerations ought not to stand in the way of the Court granting relief as sought. ...7. The CBSE has framed clear cut guidelines governing applications for change, and correction of name, and advisedly so, at times, the name of the student, or her or his parents, becomes an identity marker, and any ambiguity therein may have serious consequences at a later stage. In cases where there, therefore, appears to be any degree of ambiguity, even slight, regarding the claim, for change of the name, made by the candidate herself/himself, or her/his parent, courts are required to adopt a circumspect approach and cannot be unruly lenient 8 . Having said that, however, where the records reveals that the prayer for change of name is genuine, the court cannot be hypertechnical in broaching the issue. This is probably best reflected in a recent judgment of the Division Bench of this Court in Imran Ali Khan v. Central Board of Secondary Education, 2019 SCC OnLine Del 6980."
Delhi District Court Cites 8 - Cited by 0 - Full Document

Vijay Kumar vs Central Board Of Secondary Education on 31 January, 2023

18. This court in the case of Imran Ali Khan Vs. Central Board of Secondary Education and Another, reported as 2019 SCC OnLine Del 6980 has clearly held that Examination Bye-Laws of CBSE are not of statutory in nature. It has further been held that restrictive and strict approach is not warranted in matters involving correction or change of name by the Board. Thus, it has been held as follows:
Delhi High Court Cites 5 - Cited by 0 - Full Document

Tanishka Maheshwari vs Central Board Of Secondary Education & ... on 31 January, 2023

21. This Court in the case of Imran Ali Khan Vs. Central Board of Secondary Education and Another, reported as 2019 SCC OnLine Del 6980 has held in categorical terms that the adoption of a strict and restrictive approach in the matter of change or correction of name of the candidate or his/her parents in the certificates issued by CBSE cannot be justified. It has further been held that examination bye-laws of CBSE are not of statutory nature. Thus, it has been held as follows:
Delhi High Court Cites 8 - Cited by 0 - Full Document
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