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2018 DIGILAW 1022 (PNJ)

Uday Goel v. Central Board Of Secondary Education

2018-02-23

RAKESH KUMAR JAIN

body2018
JUDGMENT Rakesh Kumar Jain, J. - The petitioner has challenged the order dated 22.09.2017 passed by respondent no.1 by which his application for correction in the name of his mother from "Ranjana" to "Ranjana Goel" has been declined. 2. In brief, the petitioner has allegedly studied in the Sant Nischal Singh Public School, Yamuna Nagar, in which his mother's name was recorded as "Ranjana Goel" in the school record. The petitioner passed his matriculation from Delhi Public School, Karnal (respondent no.2 herein) but due to inadvertence in the application form submitted to the school, the petitioner failed to write the surname of his mother and as a result thereof, the Transfer Certificate and the Marks Sheet do not contain the surname of his mother. The petitioner approached the respondent no.2-school for correction in his mother's name from "Ranjana" to "Ranjana Goel". Respondent no.2- school considered his request and forwarded it to the CBSE along with relevant documents. The petitioner also submitted record of his previous school in which surname of his mother was also mentioned. However, respondent no.1- CBSE, vide the impugned order, rejected application of the petitioner on the ground that the school record of the petitioner does not confirm the desired correction. 3. After notice, respondent no.1 filed its reply, in which reference has been made to Rule 69.1(ii) of the CBSE Examination Bye-laws, 1995 to contend that the correction in name to the extent of correction in spelling errors, factual typographical errors in the candidate's 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. It is also submitted that in the admission register, mother's name of the petitioner has been mentioned as "Ranjana". 4. After hearing learned counsel for the parties and taking into consideration the aforesaid facts and circumstances, I am of the considered opinion that this petition deserves to be allowed because the only issue involved in this case is about addition of surname with mother's name of the petitioner, which has been recorded as "Ranjana" in the record/certificates issued by the CBSE instead of "Ranjana Goel". There is a procedure prescribed in Rule 69.1(ii) for making corrections in the mother's name. The surname of his mother is there in the other documents like the Passport and Aadhar Card etc. There is a procedure prescribed in Rule 69.1(ii) for making corrections in the mother's name. The surname of his mother is there in the other documents like the Passport and Aadhar Card etc. and even in the Birth Certificate and to bring educational certificates of the petitioner in conformity with his other documents, the prayer for aforesaid correction has been made. The mother of the petitioner would submit an affidavit to respondent no.1 in which she would depose that she has not incurred any civil or criminal liability while having the name of "Ranjana" which she wanted to change as "Ranjana Goel". In case such affidavit is filed within a period of one month from the date of receipt of certified copy of this order, respondent no.1 shall, after taking into consideration the contents of the affidavit, issue all revised educational certificates to the petitioner bearing the name of his mother as "Ranjana Goel" within a period of one month. 5. With these observations, the present petition is hereby allowed and the impugned order passed by respondent no.1 is set aside.