SANJANA ANAND Vs. CHAIRPERSON

JUDGEMENT

(1.) The petitioner is a minor represented by her mother and guardian. The issue that arises in the instant case is with regard to the name of the petitioner's mother as shown in the Mark Statement cum Certificate issued by the respondents 1 to 4 (Ext.P6). In the said certificate, the name of the mother of the petitioner is shown as 'Manju' and, since her mother's name in other identity documents is 'Manju Varghese', she apprehends that the incomplete name of her mother in Ext.P6 document will pose problems in the future. It is not in dispute that immediately after Ext.P6 certificate was issued to the petitioner on 06.05.2019, she preferred an application before the respondent Board for correction of the name of the mother in Ext.P6 certificate, to make it tally with the name of the mother in other identity documents. The said application was, however, rejected by Ext.P7 communication where the respondent Board relied upon the CBSE notification dated 01.02.2018, and Rule 69.1 of the examination bye-law, which prevented the respondent Board from considering an application for change in the name of a candidate's mother, if the same was not supported by a Gazette Notification that was issued prior to the date of issuance of the certificate in which the correction was sought. In the instant case, the petitioner's mother has caused a Gazatte Notification dated 27.08.2019 to be published, which reveals that 'Manju Varghese', holder of Electoral Identity Card No.ARA0142125 dated 11.08.2010 and the person shown as 'Manju' in Ext.P6 certificate issued to the petitioner herein are one and the same person, and that the said person is the mother of the petitioner herein. Despite the said Gazette Notification clarifying that the petitioner's mother is known as Manju Varghese, the respondent Board has refused to effect the consequential corrections as sought for by the petitioner, placing reliance on its guidelines.

(2.) Through a statement filed on behalf of the respondents 1 to 4, the stand taken is that in view of the specific provisions of bye-law 69.1(i), the request of the petitioner for correction of the entry relating to the mother's name in Ext.P6 certificate cannot be entertained.

(3.) I have heard Sri.Mohan Lal, the learned counsel for the petitioner and Sri.S.Nirmal, the learned Standing Counsel for the respondent Board.