Priyansh Minor v. The Chairman Through The Central Board Of Secondary Education And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1592 of 2016 =========================================================== Priyansh ( Minor ) Son of Prem Ranjan through his natural guardian and his father namely Prem Ranjan Son of Late Purnendu Narayan Verma, Resident of Mohalla C/302, Ashirwad Enclave Apartment, Anandpuri, Boring Canal Road, P.S. Srikrishnapuri, P.O. - Shrishnapuri, District - Patna - 800001. .... .... Petitioner

Versus

1. The Chairman through The Central Board of Secondary Education, New Delhi.

2. The Regional Officer, Central Board of Secondary Education (C.B.S.E.) Ambika Complex, behind S.B.I. colony, Near Brahmsthan, Sheikhpura, Bailey Road, Patna - 800014.

3. The Assistant Secretary (M and M), The Central Board of Secondary Education (C.B.S.E.), Ambika Complex, behind S.B.I. Colony, near Brahmsthan, Sheikhpura, Bailey Road, Patna 800014.

4. The Principal, the Delhi Public School, Village - Chandmari, P.S. - Shahpur, Danapur, Cantonment, Patna - 801503.

.... .... Respondents =========================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar Sinha, Advocate For C.B.S.E.

:

Mr. Vinay Krishna Tripathy, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 18-02-2016 Petitioner appeared in the Class Xth examination conducted by Central Board of Secondary Education in the year 2014. Petitioner's name was registered as 'Priyansh' both in the school records as well as Central Board of Secondary Education. Naturally the results and the certificates have been issued by the Board on the basis of the name declared by the petitioner.

2. The reason now for the petitioner to approach the High Court through his natural guardian is the problem coming in his way in registering online in some of the examinations in which he wants to participate. Technology is coming in his way of such registration

Patna High Court CWJC No.1592 of 2016 dt.18-02-2016 2 / 3 because most of the sites have made the column in relation to the second name or surname mandatory. Meaning thereby that if that column is not filled in with the details i.e. surname, a candidate can never register online.

3. The Court does appreciate that the father or the mother of the present petitioner did not want his son to carry any tag of any caste by adding a surname to his name, little realizing what awaited his son in matters of future prospects and participation in diverse competitive examinations.

4. Petitioner, therefore, wants a direction upon the Central Board of Secondary Education to correct his name by adding 'Ranjan' to the name 'Priyansh' so that the problem faced by him in online registration is overcome.

5. The respondents Central Board of Secondary Education, hiding behind the provisions and the regulation, has taken a plea that it is not a case of correction in the name or surname of the petitioner, but a case of addition to the name of the petitioner. Obviously, such kind of problem expressed by the petitioner has either not been brought to the notice of the Central Board of Secondary Education or they could never foresee or envisage that technology could create problem for certain candidates, like, the present petitioner. Regulation 69.1, only talks of correction in the name or surname. The Court, therefore, does direct the Central Board of Secondary Education that in cases where any candidate

Patna High Court CWJC No.1592 of 2016 dt.18-02-2016 3 / 3 has only a single name which has been provided by a candidate and registered in the records of Central Board of Secondary Education, will be given an opportunity to add a second name or a surname limited with the object to ensure that their online registration does not get rejected by solo name which they have carried with them in the matriculation or +2 examination.

6. Further keeping in mind that in the present case, the petitioner has certain deadline to achieve and cut off dates are in play for such registration, the Court directs addition of the name 'Ranjan' which the petitioner has requested and demanded to his name 'Priyansh'.

7. Writ application is allowed with the above direction. The direction must be carried out within a period of four weeks, if not earlier, from today. It is hoped and expected that the Chairman of the Central Board of Secondary Education will also make corresponding provision in the Regulation in anticipation of such problems which other candidates may raise in future.

8. Writ is allowed.

(Ajay Kumar Tripathi, J.) Sanjay/- U