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Allahabad High Court · body

2010 DIGILAW 3563 (ALL)

Dinesh Kumar Verma v. State Of U. P.

2010-11-24

A.P.SAHI

body2010
Amreshwar Pratap Sahi, J. – Heard learned counsel for the petitioner. 2. This writ petition has been filed praying for a certiorari to quash the order dated 6th and 7th September, 2010 in relation to the correction of the names of the parents of the petitioner in the records of the Central Board of Secondary Education. 3. The matter was adjourned yesterday to enable to the learned counsel to obtain instructions and the learned counsel for the Board Sri U.S. Upadhyaya has produced the amendments brought about in the concerned rule of notification dated 20th September, 2007. The same is quoted hereinbelow: Existing Rule Amended Rule (i) Correction in name means correction No change in name/surname once recorded in spelling errors, factual errors, in the Board's records shall be made. typographical errors in candidate's name/ However, correction in name to the extent surname, father's name/mother's name to of correction in spelling errors, factual make it consistent with what is given in the typographical errors in candidate's school record. name/surname, father's name/mother's name or Guardian's name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the school may be made. Change in name also includes alteration, Provided further that in no case, correction addition, deletion to make it different shall include alteration, addition, deletion from the School records. to make it different (except as mentioned above) from the LOC or the school records. (ii) Application for correction in name/surname will be considered only within two years of the date of declaration of result provided the application of the candidate is forwarded with the following documents: (ii) Application for correction in name/surname will be considered only within ten years of the date of declaration or result provided the application of the candidate is forwarded with the following documents: (a) Admission form(s) filled in by the parents at the time of admission. (a) Admission form(s) filled in by the parents at the time of admission. (b) The School Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission. (b) The school Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission. (c) Portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate. (b) The school Leaving Certificate of the previous school submitted by the parents of the candidate at the time of admission. (c) Portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate. (c) Portion of the page of admission and withdrawal register of the school where the entry has been made in respect of the candidate. (iii) The Board may effect necessary corrections after verification of the original records of the school and on payment of the prescribed fee. (iii) The Board may effect necessary corrections after verification of the original records of the school and on payment of the prescribed fee. (iv) Applications regarding change in name (iv) Deleted. /surname will be considered where such changes have been permitted by a Court of Law and notified in a Government Gazette in the event of Court of judicature allowing the change of name of a candidate, the same shall be carried out by the Board after obtaining relevant documents concerning change of name published in an official gazette. 4. Learned counsel for the Board submits that in the event the petitioner wants any such change to be brought about the petitioner can approach the concerned institution and if the institution makes a recommendation then the Board shall consider it in accordance with rules and pass appropriate orders. 5. Accordingly, it is not necessary to interfere with the order dated 7th September, 2010. However, the writ petition is disposed of with a direction that in the event the petitioner approaches the institution namely St. Vivekanand Public School, Agra Road, Etawah U.P. then the principal of the said Institution shall act accordingly keeping in view the aforesaid amended rule promulgated by the Central Board of Secondary Education and send its recommendation to the Board within a period of one month from the date of presentation of a certified copy of this order before him. The papers shall be forwarded to the respondent no. 2 who shall thereafter proceed to act in accordance with the aforesaid amended rule within six weeks thereafter. 6. The writ petition is disposed of. Petition Disposed Off.