Parth Shandilya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6856 of 2025 ====================================================== Parth Shandilya Son of Ranjit Choudhary Resident of Village - Adarsh Nagar Sarai P.O. and P.S.- Sarai District- Vaishali, Hajipur, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2.

The Chairman C B S E Board, Shiksha Kendra-2, Community Centre, Preet Vihar, New Delhi-110092.

3.

The Central Board Of Secondary Education, through the Regional Officer, Regional Office, Patna.

4.

The Principal KCI Raja Pakar P.O. and P.S.-Rajapakar, District-Vaishali. 5.

The Principal, Gurukul Vidyapeeth, Nawada Chowk, Rampur Nausahan Salempur, P.S.-Industrial Area Dist.- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Respondent/s :

Mr. Standing Counsel (15) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-04-2025

1. The petitioner has filed the present writ application for a direction to the Central Board of Secondary Education, Regional Office, Patna, to change the name of the petitioner as Parth Shandilya from Nikku Babu, for which, detailed documents, as required under the law for change of name, has been submitted before the Central Board of Secondary Education, Regional Office, Patna.

2. Learned counsel for the petitioner submits that the petitioner passed his 10th and 12th examination in the year 2020 and 2022 from KCI Rajapakar, Vaishali, Bihar, and Gurukul Vidyapeeth, Rampur Nausahan, Hajipur, Vaishali, respectively.

2/4 In the school certificates the name of the petitioner has been mentioned as Nikku Babu. After the results were published and certificates were issued, the mother of the petitioner filed an affidavit, dated 24.06.2022, declaring that the name of the petitioner is Nikku Babu alias Parth Shandilya and in the aforesaid background the petitioner wants to change his name in the CBSE records from Nikku Babu to Parth Shandilya. The PAN card and Aadhar card have also been issued in the name of Parth Shandilya. The petitioner published the notification regarding change of his name in the newspaper as well as Gazette of India, dated 29.07.2022.

3. Learned counsel for the Central Board of Secondary Education relying upon the judgment passed by Hon'ble Supreme Court, reported in 2021 (7) SCC 535, in the case of Jigya Yadav v. Central Board of Secondary Education and Ors., submits that there is distinction between the correction and change of name. The petitioner has acquired new name i.e. Parth Shandilya from Nikku Babu. As such, the request may be entertained by the CBSE upon prior permission/declaration by a court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case

3/4 may be) issued by CBSE and upon payment of prescribed fees.

4. Since, the petitioner has not submitted any declaration by court of law regarding change of name, including publication in the official gazette, as such, the petitioner is at liberty to file a fresh request before the CBSE for change of name from Nikku Babu to the acquired name by choice i.e. Parth Shandilya, along with necessary documents as per the guidelines laid down in the case of Jigya Yadav (supra) before the Regional Officer, CBSE, Patna, who may process the application for change of name from Nikku Babu to Parth Shandilya.

5. Having considered the submissions advanced by the parties and the fact that the petitioner is not seeking correction of name mentioned in the certificates, rather, the petitioner seeks change to acquire name by choice as Parth Shandilya, accordingly, the present writ application is disposed with liberty to the petitioner to get a declaration of his acquired name by a court of law for change of name and publication in the official gazette and submit a request afresh along with the aforesaid documents and other necessary documents before the Regional Officer, CBSE, Patna, and if such request/representation is filed, the Regional Officer, CBSE, Patna, shall consider the same, in

4/4 accordance with law, in the light of judgment of Jigya Yadav (supra) as early as possible.

6. With the aforesaid observations and directions, this writ application is, accordingly, disposed.

(Anil Kumar Sinha, J) ashwani/- U