NAVEE @ NAVEEN DOGRA Vs. CBSE

JUDGEMENT

(1.) Petitioner No.1 appeared in Delhi Senior Secondary Examination conducted by CBSE in the year 2000 and Delhi Senior School Certificate Examination held by the said Board in the year 2002. In the certificates issued to him by CBSE, the name of petitioner No. 1 was recorded as Naveen Dogroa, son of Matwar Dogra. The petitioners gave public notice in newspapers on 30.09.2005, changing the name of petitioner No. 1 from Naveen Dogra to Naveen and the name of petitioner No.2 from Matwar Dogra to Matwar Singh. A declaration in the Gazette of India, Part-IV (Advertisements and Notices issued by Private Individuals and Private Bodies) dated October 29-Novemebr 4, 2005, was also published to the aforesaid effect. Vide letter dated 14.12.2005 received by CBSE on 15.12.2005, petitioner No. 1 sought change of his name in the record of CBSE from Naveen Dogra to Naveen with name of his father as Matwar Singh. Immediately thereafter, he filed this writ petition on 17.12.2005 seeking a direction to CBSE to change the name of petitioner No.1 from Naveen Dogra to Naveen and the petitioner No.2 form Matwar Dogra to Matwar Singh, along with further direction to issue certificates, as per the changed name of petitioner No. 1.

(2.) In its counter-affidavit, respondent-CBSE claimed that a writ petition for change of name of the petitioner without their first complying with the requirements of Examination Byelaws of the Board is not maintainable. It is further stated in the counter-affidavit that under the relevant Examination Byelaws, the change in the name has to be first admitted in the Court of law and thereafter published in a Gazette, before a request can be made to CBSE for change of the name.

(3.) Byelaw 69.1 of the Examination Byelaws of CBSE reads as under:-