Pavitra Padinjaroot v. Central Board Of Secondary Deucation (Cbse) And ORS.
$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8414/2017 PAVITRA PADINJAROOT ..... Petitioner Through:
Mr. Ajit Kakkar and Ms. Sampanna Pani, Advs.
versus CENTRAL BOARD OF SECONDARY DEUCATION (CBSE) AND ORS.
..... Respondents Through:
Mr. Atul Kumar, Adv. for R1.
Ms. Arti Ahuja, UDC, Admn.
Department from Respondent / School.
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R
% 17.04.2018 This petition has been filed by the petitioner with the following prayers:
"In the facts and circumstances stated above, it is most respectfully prayed that this Hon‟ble Court be pleased to: - (a) Issue a direction in the form of a Writ of Mandamus or any other appropriate Writ to the respondents to correct / amend the name and date of birth in grade sheet cum certificate of performance of the petitioner issued on 28.05.2016 (Annexure-2).
(b) Issue directions to the respondents to make amendments in the records and correct name and date of birth in all future certificate as prayed for.
(c) Issue any other Writ / direction as this Hon‟ble Court may deem fit in the facts of the case."
The respondent no.2 / School is served and is represented by Ms. Arti Ahuja, UDC of the School. Learned counsel for the petitioner states, she has instructions to submit that the petitioner shall be satisfied if her request for change of her name in the Class-X certificate is allowed, and the same be directed to continue in the certificates / mark sheet to be issued by the CBSE in future.
It is the submission of learned counsel for the petitioner that in terms of the Rule 69.1(i) as amended on June 25, 2015, application regarding changes in name or surname of candidates can be considered, provided the changes have been admitted by the Court of law and notified in the Govt. Gazette before the publication of the result of the candidate. It is her submission that the petitioner had made an application for change of her name on March 15, 2016 whereas the certificate was issued by the CBSE only on May 28, 2016, which is two months after her application. Mr. Atul Kumar, learned counsel appearing for the respondent / CBSE also states that the petitioner's case shall be governed by Rule 69.1(i).
If that be so, the petitioner is entitled to the limited relief as sought by her counsel that she would be satisfied if her name in the Class-X certificate issued by CBSE on May 28, 2016 is changed from "Pavitra Prasad" to "Pavitra Padinjaroot". Ordered accordingly. Petitioner shall accordingly surrender her certificate to the respondent no.1 within four weeks. On such surrender, respondent no.1 shall issue a correct certificate in terms of this order within four weeks thereafter.
It goes without saying that the name of the petitioner in Class-XII certificate and mark-sheet(s) to be issued by the CBSE shall also be regulated by this order.
The petition is disposed of.
V. KAMESWAR RAO, J APRIL 17, 2018/jg