← Library
Madras High CourtWP/21190/2018disposed of

K.Ramyaa, v. The Controller Of Examinations

2021-11-19Honourable Mr Justice Krishnan Ramasamy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.21190 of 2018 Ramyaa.K

...Petitioner

Versus

1. The Controller of Examinations, Anna University, Chennai - 600 025.

2. The Principal, Sri Sai Ram Engineering College, West Tambaram, Chennai - 600 044.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Communication dated 03.08.2018 passed in Memo No.4125/COE/C24/2018-32689, on the file of the first respondent and quash the same and consequently direct the first respondent herein to incorporated the new name of the petitioner "Ramyaa.K" in her B.E., Computer Science and Engineering Mark Sheets, Provisional and Degree Certificates, pertaining to her Registration No:41909104087 instead of her old name "Sivakameswari.K".

For Petitioner : Mr.L.Govi Ganesan For R1 : Mr.L.P.Shanmugasundaram Standing Counsel For R2 : No Appearnance

O R D E R

This Writ Petition has been filed, for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Impugned Communication dated 03.08.2018 passed in Memo No.4125/COE/C24/2018-32689, on the file of the first respondent and quash the same and consequently direct the first respondent herein to incorporated the new name of the petitioner "Ramyaa.K"

in her B.E., Computer Science and Engineering Mark Sheets, Provisional and Degree Certificates, pertaining to her old name "Sivakameswari.K".

2.It is the case of the petitioner that, originally her name was "Sivakameshwari" and she changed her name as Ramyaa.K due to numerological reason. The petitioner has made a notice in the Tamilnadu Government Gazette published on 06.01.2016 and issued public notice in English daily "Indian Express" and Tamil Daily "Dhina Mani" intimating to the general public about her change of name. The petitioner has also changed her name in Driving License, Aadhar and Pan card. Thereafter, she approached the first respondent to effect the name change in her B.E marksheet by representation dated 29.07.2018. The first respondent rejected her application vide Memo No.No.4125/COE/C24/201832689, stating that the Tamilnadu Government Gazette notification indicating the petitioner's change of name was published on 06.01.2016, after the issuance of marksheet, therefore, the name cannot be changed in the petitioner's marksheet. Aggrieved over the same, the said Writ Petition has been filed.

3.The learned counsel for the petitioner would submit that, as law laid down by the Hon'ble Apex Court, the first respondent is bound to change the name without any supporting school records and by insisting a declaration from the Court of law and publication in the Gazette. In the present case, the petitioner has effected publication only in the Tamilnadu Official Gazette and issued public notice in English and Tamil daily. He would further submit that, the petitioner will obtain the declaration from the Court of law and re-submit her representation to the first respondent. Hence, prayed to allow the Writ Petition. 4.The learned Standing Counsel appearing for the first respondent would submit that the petitioner has completed B.E. Degree as early as in the year 2013 and the name change has been effected in the year 2016.

The marksheet was issued by the first respondent before the effecting her name change, therefore, her name cannot be changed in the marksheet. Therefore, the request of the petitioner cannot be entertained and the same was rightly rejected by the first respondent. 5.Heard the learned counsel for the petitioner as well as the learned Standing Counsel for the first respondent and perused the materials available on record.

6.Upon perusal of the documents, it would appear that, originally, the petitioner's name was " Sivakameshwari" and she changed her name as "Ramyaa.K" in the year 2016. In this regard, she effected Tamilnadu Government Gazette publication on

06.01.2016. Subsequently, public notice was also issued in English and Tamil daily indicating her change of name. Thereafter, she made a representation to the first respondent requesting to change her name in her B.E marksheet. However, the same was rejected for the reason the markesheet was issued before effecting the publication in Tamilnadu Government Gazette.

7.At this juncture, it would be appropriate to extract the judgement of Hon'ble Apex Court in the case of Jigya Yadav vs Central Board of Secondary Education reported in (2017) 7 Supreme Court Cases 535. Paragraph No.194.2 of the judgment above referred to is extracted hereunder:

"194.2However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that request may be entertained upon insisting for prior permission/declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicated original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees.

The fresh certificate as in other situations referred to above, retain the original entry (expect in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so because the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant."

8.A perusal of the above would show that, if a person wants to change his/her name, the authorities cannot insist any other document except the declaration by the Court of law with regard to the change of name and publication in the Official Gazette including surrender of original certificate issued by the concerned authority. In the present case, the petitioner has only effected a publication in Tamilnadu Government Gazette and the public notice in English and Tamil Newspapers. Therefore, she has to ultimately get declaration from the concerned Civil Court and re-submit her representation as law laid down by the Hon'ble Apex Court.

9.In view of the above, this Court directs the petitioner to obtain declaration from the concerned Civil Court and resubmit her representation along with Tamilnadu official Gazatee publication before the first respondent and on such representation being made by the petitioner, the first respondent shall consider the same on merits and dispose within a period of 8 weeks from the receipt of the representation from the petitioner. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rst To:

The Controller of Examinations, Anna University, Chennai - 600 025.

+1cc to Mr.L.Govi Ganesan, Advocate, S.R.No.60201 W.P.No.21190 of 2018 KSM[co] NSK 09/12/2021