Khushboo v. Regional Officer, Central Board of Secondary Education
2020-01-21
INDERJEET SINGH
body2020
DigiLaw.ai
ORDER : INDERJEET SINGH, J. 1. This writ petition has been filed by the petitioner with the following prayers.:- "It, is therefore, most respectfully prayer that humbly prayed that-By an appropriate writ, order or direction, the entire record pertaining to the case may be called and directed to the respondents for correct the name of petitioners father Sumer Singh in place of Sumair Singh in her entire academic record including mark-sheet of secondary exam 2017. Any other appropriate order or direction which the Hon'ble court may deem fit and proper in the facts and circumstances of the case." 2. Counsel for the petitioner submitted that due to inadvertence, petitioner has mentioned her father's name while filling the examination form of Class-X as Sumair Singh whereas, her actual father's name is Sumer Singh. Counsel further submits that in the Aadhar Card & Pan Card, name of petitioner's father has been recorded as Sumer Singh. Lastly, counsel submits that in view of these documents the respondents may be directed to correct the father's name of the petitioner in academic record and Mark-Sheet of Class 10th, from Sumair Singh to Sumer Singh. In support of his contention counsel relied upon the judgment passed by a Co-ordinate Bench of this court in the matter of Arpit Agarwal Vs. Central Board of Secondary Education and others (S.B. Civil Writ Petition No. 4362/2017) wherein it has been held as under:- "The petitioner seeks a change in the name of his father from R.B. Gupta to Ram Bharosi Gupta in his Secondary Examination Mark-sheet issued by the Central Board of Secondary Examination (CBSE) on 28-5-2016 as the application therefore filed by the petitioner was rejected on 14-3-2017. Counsel for the petitioner submitted that the petitioner's prayer for change of the name of his father from R.B. Gupta to Ram Bharosi Gupta is innocuous. The petitioner's father's name as Ram Bharosi Gupta has been so reflected in the petitioner's birth certificate, issued by the Jaipur Municipal Corporation on the basis of registration made on 17-6-2000. Further the petitioner's father's name as Ram Bharosi Gupta is recorded in his PAN card, as also in his driving licence.
The petitioner's father's name as Ram Bharosi Gupta has been so reflected in the petitioner's birth certificate, issued by the Jaipur Municipal Corporation on the basis of registration made on 17-6-2000. Further the petitioner's father's name as Ram Bharosi Gupta is recorded in his PAN card, as also in his driving licence. It was submitted that no doubt a mistake was made when the petitioner was admitted to school where his father's name was set out in an abbreviated form i.e. R.B. Gupta and that mistake was perpetuated, rather unthinkingly innocent of the consequences when the examination form for class X examination by CBSE was filled up. But the mistake cannot be held to be non-rectifiable and condemn the petitioner to suffer myriad prejudices all through life. Mr. M.S. Raghav appearing for CBSE submitted that change of name of student's father reflected in the mark-sheet/certificate issued by the CBSE can only be made within the scope of CBSE's Examination Bye-laws. Thereunder the petitioner is not entitled to change sought and the impugned order dated 14-3-2017 has been rightly passed. Having heard counsel for the parties, I am of the considered view that CBSE cannot be allowed to take a very technical view of the matter, relating to changes of details in a mark-sheet/certificate issued by it. Even though the petitioner and his parents were not careful while filling the form for admission of the petitioner to the school and while filling up the examination form for the secondary school examination to be conducted by the CBSE in the year 2016, their carelessness and casualness cannot be held to unrectifiable, to do so, would be wholly insensitive and arbitrary. CBSE's Examination Bye-laws on the issue of change of details in the mark-sheet/certificate issued by it are merely directory to be applied with reference to the facts of each case. To hold them to be mandatory would entail a challenge, quite sustainable to their arbitrariness and hence unconstitutionality." 3. Counsel for the respondents submit that the petitioner herself was negligent in filling up the Examination form, therefore, the writ petition filed by the petitioner deserves to be dismissed. 4.
To hold them to be mandatory would entail a challenge, quite sustainable to their arbitrariness and hence unconstitutionality." 3. Counsel for the respondents submit that the petitioner herself was negligent in filling up the Examination form, therefore, the writ petition filed by the petitioner deserves to be dismissed. 4. After considering the submissions made by counsel for the parties and also the judgment of the Co-ordinate Bench of this court in the matter of Arpit Agarwal (supra), in my view the petition filed by the petitioner deserves to be allowed for the reasons; firstly, in the Aadhar Card and Pan Card, the father's name of the petitioner has been recorded as Sumer Singh; secondly, no prejudice would be caused to the respondents while changing the name of petitioner's father in the mark-sheet of the petitioner. 5. In that view of the matter, the writ petition filed by the petitioner is allowed and the petitioner is directed to submit an application in the office of respondents for change/correction in her father's name along with required documents and a certified copy of this order. On her doing so, the respondents are directed to make necessary correction i.e. change in the father's name of the petitioner in the Academic record and Certificate of Class 10th, from Sumair Singh to Sumer Singh within a period of one month. 6. The petitioner is directed to deposit a cost of Rs. 5,000/- in the office of the respondents along with the application form.