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High Court of DelhiW.P.(C)/3208/2017

Mohd. Kabir Haider (Minor) v. Central Board Of Secondary Education

2017-04-13Hon'Ble Mr. Justice V. Kameswar Rao2 pages

$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3208/2017 & CM 13954/2017 MOHD. KABIR HAIDER (MINOR) ..... Petitioner Through: Mr.Vikas Arora, Ms.Radhika Arora, Advs.

versus CENTRAL BOARD OF SECONDARY EDUCATION ..... Respondent Through: Mr.Atul Kumar, Adv.

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 13.04.2017 CM 13954/2017 Allowed subject to all just exceptions.

Application is disposed of.

WP(C) 3208/2017 The present petition has been filed by the petitioner with the following prayers:- "(i) Issue writ of mandamus or any other appropriate writ or direction thereby directing the respondent to record the change of name of the petitioner from Mohd. Shaad Haider to Mohd. Kabir Haider in its record.

(ii) Any further order or direction as this Hon'ble Court may deem fit and proper may kindly also be passed in the facts and circumstances of the case. "

Mr.Vikas Arora, learned counsel for the petitioner would submit that the case of the petitioner is for the change of name from

Mohammed Shaad Haider to Mohd. Kabir Haider and the petitioner‟s case is covered by the Bye-Law 69.1(i) of the CBSE. He also states, the requirement of the Bye-Law has been fulfilled inasmuch as he has got issued a gazette notification between the period from 25th March to 31st March, 2017 and the result of class Xth is yet to be declared by the CBSE. He has also drawn my attention to the request for change made by the school where the minor petitioner is studying to the CBSE on 3rd April, 2017.

Mr.Atul Kumar, learned counsel appearing for the respondent would concur with the submissions made by the learned counsel for the petitioner.

If that be so, the present petition needs to be allowed as the case of the petitioner is covered under the Bye-Law 69.1(i). The CBSE is directed to change the name of the petitioner from Mohammed Shaad Haider to Mohd. Kabir Haider in its record.

CBSE shall also issue the necessary certificates and mark-sheet of class Xth to the petitioner in the name of Mohd. Kabir Haider. The petition is disposed of.

V. KAMESWAR RAO, J APRIL 13, 2017 RN