Kshitiz v. The Union Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4477 of 2017 ========================================= Kshitiz, Son of Sri Vikas Priyadarshi, represented through his natural guardian and father Sri Vikas Priyadarshi, resident of Mohalla-Mohanpur, P.O. Punaichak, P.O. & P.S.-Shastrinagar, District and Town at Patna-800023.
.... .... Petitioner/s
Versus
1. The Union of India, through Ministry of Human Resources Development, Government of India, New Delhi, PIN-110001.
2. The Chairman, Central Board of Secondary Education, "Shiksha Kendra"-2, Samudai Kendra, Preet Vihar, Delhi-110092.
3. Assistant Secretary, Central Board of Secondary Education, Ambika Complex, Behind S.B.I. Colony, near Brahmsthan, Sheikhpura, Bailey Road, Patna-800014.
4. Principal, Delhi Public School, Situated at Village- Chandmari, P.S.-Shahpur Danapur, District-Patna.
.... .... Respondent/s ========================================= Appearance :
For the Petitioner/s : Mr. Subhash Prasad Singh, Adv. For the Union of India : Mr. Alok Kumar Jha, C.G.C. For the CBSE : Mr. Vinay Krishna Tripathy, Adv. =========================================
CORAM:
HONOURABLE MR.
JUSTICE CHAKRADHARI SHARAN SINGH ORAL JUDGMENT/ORDER Date: 13-04-2017
2/4 The petitioner, "Kshitiz", has filed this writ application, under Article 226 of the Constitution of India, through his natural guardian and father, namely, Shri Vikas Priyadarshi, for setting aside an order, issued on 06.02.2017, by the Assistant Secretary, Central Board of Secondary Education, Patna (CBSE in short), whereby, his request for change in name, entered in Class-Xth result and certificate, has been rejected.
2. The name of petitioner, as entered in ClassXth certificate, is "Kshitiz", whereas he wants his name to be changed and corrected as "Kshitij Priyadarshi". The petitioner had sought for correction in his name in ClassXth certificate for the reason that surname is required for registering On-line application forms in some of the competitive examinations, which are held for admission to technical courses and for other similar reasons.
"Priyadarshi" being title of father of the petitioner, it is his prayer that he may be allowed to have the same surname by incorporating that (Priyadarshi) in Class-Xth certificate, issued by the CBSE.
3. It seems that the impugned order, dated 06.02.2017, has been passed rejecting the request for change/correction in the name of the petitioner, mainly on the ground that the name of the petitioner, as entered
3/4 in Class-Xth certificate, is based on the information furnished at the time of filling-up of the form and the school register.
4. Certain orders/judgments passed by this Court have been shown to me, whereby, in similar circumstance, only for the purpose of facilitating submission of On-line registration/application forms, this Court has directed CBSE to correct the name of the students by incorporating surname.
Such orders/judgments have been passed by different Benches of this Court on 18.02.2016 in CWJC No. 1592 of 2016, on 12.05.2016 in CWJC No. 8277 of 2016 and on 03.03.2017 in CWJC No. 1116 of 2017.
5. In terms of the orders/judgments, which have been passed by this Court, as noted above, I direct the respondents to correct the name of the petitioner as entered in Class-Xth examination result and certificate and similar documents, issued and maintained by the CBSE, by incorporating surname "Priyadarshi" after the name of the petitioner as has been entered in the markssheet/certificate and other documents. I do not think CBSE can have any issue by substituting "J" in place of "Z" in the name of the petitioner, i.e., from "Kshitiz" to "Kshitij".
4/4
6. This application is, accordingly, allowed. Impugned order, dated 06.02.2017, is, hereby, quashed. Respondent Nos. 2 and 3 are directed to ensure that corrected marks-sheet/certificate is issued in favour of the petitioner within a period of two (2) months from the date of receipt/production of a copy of this judgment. (Chakradhari Sharan Singh, J) Praveen-II/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 19/04/17 Transmission Date