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2014 DIGILAW 94 (CAL)

Bamdev Roy v. State of West Bengal

2014-02-07

ASHIM KUMAR ROY

body2014
Judgment : Ashim Kumar Roy, J. The writ petitioner being aggrieved with the refusal of the Regional Officer, Regional Office Burdwan, West Bengal Board of Secondary Education, the respondent no. 4, to change of his name from Bamdev Roy to Raj Anand Roy in Registration Certificate, Admit Card and Mark sheet of Madhyamik Pariksha, 1994has approached this court for necessary relief. At the very outset, the learned counsel appearing on behalf of the respondent Board having submitted that the petitioner’s prayer was rejected on the sole ground that according to the aforesaid circular although change of surname is permissible but not the name and conceded this matter can be disposed of without affidavit from the side of the respondents, this application is taken up for hearing without going through the formalities of filing affidavit and stands disposed of by this judgment. It is the case of the writ petitioner that in terms of Circular No. 9/71 dated December 9, 1971 issued by the West Bengal Board of Secondary Education, permitting change of name and surname of a male candidate, appeared at any examination conducted by the Board, he applied before the respondent no. 4 for change of his name from Bamdev Roy to Raj Anand Roy for the reasons stated in his application. However, he has been communicated by the respondent no.4, vide Annexure P-4 to this writ application that his such prayer has not been approved. The attention of this court was then drawn to the impugned decision Annexure P-4. Then the learned Counsel for the petitioner brought to the notice of this court the circular relied by him and submitted that according to the said circular, the petitioner is very much entitled to get his name changed as prayed for and the impugned decision of the respondent authorities is wholly arbitrary and illegal and thus ought to be struck down. On the other hand, the learned Counsel for the Board vehemently opposed this writ application and contended that according to the said circular while the change of surname is permissible but not the name and any mistake in the name however be corrected. On the other hand, the learned Counsel for the Board vehemently opposed this writ application and contended that according to the said circular while the change of surname is permissible but not the name and any mistake in the name however be corrected. She then draws my attention to the relevant application form for change of name/surname of a male candidate prescribed under the said circular and vehemently contended that it can be inferred from the said form that only change of surname is permissible not the name inasmuch as nowhere in the form any space has been provided for mentioning the new name and thus this writ application to be dismissed. I have given my anxious and thoughtful consideration to the rival submissions of the learned Counsel for the parties. In my opinion, before coming into any decision in the matter, it would be more apposite to refer the relevant circular together with the form and rules on which the case of the petitioner hinges. Accordingly, the said circular, the form and the rules are reproduced below, (i) Circular No. 9/71 dated: the 9th December, 1971. Sub: Change of name and surname of a male candidate. The undersigned is directed to state that in exceptional circumstances which may appear to the Board fit and proper, applications for changes of names and surnames of male candidates at a time subsequent to their appearance at any of the examinations conducted by the Board, may be considered by the Board. Such applications should be made in the prescribed form (copy enclosed) through the Head of the Institution from which the candidate passed the examination conducted by the Board. A fee of Rs.50/- will be required to be paid either by means of Cross Postal Order addressed to the Accounts Officer, West Bengal Board of Secondary Education, Calcutta or in Cash at Board’s office. It should however, be noted that the fee will not be refundable in any circumstances. Each application should be accompanied by- (I) an affidavit, duly sworn in before a magistrate or a Notary, by the legal guardian, (ii) a copy of a notification declaring the proposed change of name issued by the said guardian in at least one newspaper for the purpose of proving the applicant’s identity, and (iii) the recommendation of the Head of the Institution from which he appeared at the examination held by the Board. 2. 2. If the application for change of name or surname is allowed by the Board, an endorsement to the effect will be made on the body of the School Final/or Higher Secondary Certificates, issued from the Board. This is in particular modification of this Office Circular No. 12/60, dated 19.7.60.” (ii) W.B.B.S.E. (G) Form No. 4-B FORM OF APPLICATION FOR CHANGE OF NAME/ SURNAME OF A MALE CANDIDATE. To: The Secretary, West Bengal Board of Secondary Education, 77/2 Park Street, Calcutta – 16. Re: Change of Name/Surname of a male candidate. Sir, I beg to apply for sanction of the change of my name/surname from …….to……full particulars regarding the Examination passed I or appeared at from the Board under my former name/surname are given below and the Documents in which change of my name/surname is to be recorded are enclosed. Yours faithfully, Date……. ……………………………… Signature. 1. Name : Previous name/Surname--- 2. Name : Surname now prayed for--- 3. Present address in full--- 4. Date of birth--- 5. Father’s name--- 6. Name of Guardian as recorded in the application form for appearing at the School Final/Higher Secondary Examination- -- 7. Relationship with the Guardian--- 8. Name of the School where the student read last--- 9. Date of change of name/surname--- 10.Examination Passed/Appeared. (a) School Final/Higher Secondary. Roll No. year 11. Ground on which change of name/surname is applied for--- 12. Documents enclosed--- (a) (b) (c) 13. Father’s/Mother’s or Guardian’s Counter signature--- Recommendations of the Head of the Institution from which the candidate appeared at the examination held by the Board. Signature of the Head of the Institution with the School Seal. (iii) RULES 1. Change of name/surname of a male candidate effected subsequent to his appearance at any of the examinations conducted by the Board may be sanctioned by the Board on sufficient grounds as may appear fit and proper to the Board. 2. An application for such change of name/surname must be made in the prescribed form after getting it duly countersigned by the applicant’s father/mother/guardian (if father/mother is not alive) then the signature of the guardian as recorded in the application form for appearing at the School Final/Higher Secondary Examination and forwarded by H.M. of a recognised High School with his/her recommendations. An application for such change of name/surname must be made in the prescribed form after getting it duly countersigned by the applicant’s father/mother/guardian (if father/mother is not alive) then the signature of the guardian as recorded in the application form for appearing at the School Final/Higher Secondary Examination and forwarded by H.M. of a recognised High School with his/her recommendations. Now, going through the relevant circular and the rules referred herein above, I find that according to the same in case of a male candidate change of both the name and surname, subsequent to his appearance at any examination conducted by the Board is very much permissible but in exceptional circumstances if it appears to the Board to be fit and proper. I do not find any remote indication either from the content of the circular or from the rules, that only the change in surname or correction of the name is permissible. Having regard to the form to which the learned counsel for the respondent no. 4 heavily relied, it is evident that the same essentially prescribed the format of application regarding change of both name and surname of a male candidate, may be that there is no column for referring the new name. In this regard it is pertinent to note that according to the requirement of the said form at the very beginning of the said application, the applicant has to mention both his former name and the new name. I do not find any force in the submission of the learned counsel appearing on behalf of respondent authorities. I have no doubt that in terms of the rule and the circular referred herein above, a male candidate, at a time subsequent to his appearance at any examination conducted by Board, is always entitled to apply to the respondent authorities seeking change of both the name and surname or either of it, on fulfilment of requisite terms and condition and if there is any such move, then in that case the respondent authority is duty bound to consider such prayer in accordance with the guidelines prescribed in the circular and the rule. The ground on which the application has been rejected is totally untenable. Furthermore, coming to the impugned order, I find that the respondent no. The ground on which the application has been rejected is totally untenable. Furthermore, coming to the impugned order, I find that the respondent no. 7 rejected the petitioner’s prayer for change of his name by a single line order, the prayer for correction has not been approved. A ‘decision’ does not merely mean the ‘conclusion’ ------- it embraces within its fold the ‘reason’ which forms the basis for arriving at the ‘conclusions’. The order impugned contains only the ‘conclusions’ and nothing more. ‘Reasons’ are the live links between the mind of the decision taker to the issue before it and the decision or conclusion arrived at. The principle of natural justice have many facets and one of the salutary requirements of natural justice is spelling out the reasons for the order made: in other words, a speaking out. For the reasons stated above, the order impugned cannot be sustained and is quashed. However, having regard to the facts according to the said circular the respondent no. 3 is the primary authority to consider the question of change of name of a male candidate who appeared in any examination conducted by the Board, I send this matter back to it for taking a decision afresh in the matter in accordance with law and in the light of the aforesaid circular. The decision must be taken after giving reasonable opportunity of hearing to the parties and by a speaking and reasoned order and shall be communicated to the petitioner within a week thereafter. It is made clear that this court has not gone into the merits of the petitioner’s claim, except that the petitioner is eligible for consideration of his case in terms of the said circular. I have been informed by the learned Counsel for the Board that the next Higher Secondary Examination is scheduled to be held between February and March, 2014, therefore the Board may be permitted to take up the matter for its decision after 31st of March, 2014. Prayer stands allowed. It is directed, the Board shall take up the matter sometime in the 2nd week of April, 2014 and shall complete the entire process within a week from the conclusion of hearing.