HARSH DABAS Vs. CENTRAL BOARD OF SECONDRY EDUCATION

JUDGEMENT

(1.) Rule.

(2.) With the consent of the parties matter has been heard and is being disposed of finally.

(3.) The Petitioner is a regular student in the Arts group in Ganga International School, Hiran Kudna, Rohtak Road, New Delhi and is due to take the All India Senior School Certificate Examination (Class-XII Board Examination from C.B.S.E.) in March 2006 and that for writing the examination in March 2006, he is required to fill up the form for the said examination some time in September/October, 2005. The petitioner has changed his name from 'Aditya Dabas' to 'Harsh Dabas' and put an insertion about the same by the guardian of the Petitioner in two newspapers one in English daily, 'Indian Express' Delhi Edition and another in Hindi Daily, 'Jansatta' Delhi Edition on 4.2.2005. The guardian of the Petitioner also got the said change of name published in the Gazette of India dated February 19-25, 2005. The petitioner thereafter applied to the respondents for effecting the change in the name in their respective records. Since no steps were taken by respondents, on 21.4.2005 the petitioner sent a legal notice to respondents 1 and 2 asking them to do the needful. The respondent No. 1 vide letter dated 2.5.2005 replied to the above said notice and showed their inability to effect the change of name in their record unless it is permitted by a Court of Law. Since respondents showed their inability in effecting change in his name in their respective records, the petitioner filed the present petition. The respondent No. 1 in its Reply has stated that the writ petition for the change of name of the petitioner without the petitioner complying with the requirements of the Examination Bye-laws of the Central Board of Secondary Education is not maintainable. The relevant portion of Examination Bye-law No. 69.1 reads as under: 69.1 Changes & Correction in Name- XXX XXX XXX (iv) Application regarding change in name/surname may be considered provided the 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.