KABIR JAISWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard counsel for the petitioner and Sri Hriday Narain Pandey, Advocate appearing on behalf of respondent nos. 2 to 4, the Board. The present petition has been filed by the petitioner saying that the petitioner had appeared in the Secondary School Examination in the academic year 2011-13, i.e. Class-X bearing Roll No. 5118987 and Senior School Certificate Examination in the year 2015 i.e. Class-XII bearing Roll No. 5653747, conducted by the Central Board of Secondary Education, Delhi in the name of Rishu Jaiswal son of Santosh Kumar Jaiswal and had passed the said examinations also. The petitioner later on, with an intent to change his name from Rishu Jaiswal to Kabir Jaiswal got a notice published in the notification in the Gazette of India baring Gazette No. 44] New Delhi, Saturday, November 2- November 8, 2019 (Kartika 11, 1941) Part-IV, page No. 2060 and moved an application for correction of the name from Rishu Jaiswal to Kabir Jaiwal.

(2.) The petitioner claims that the name was changed in the Aadhar Card and the PAN Card also in pursuance to the Gazette Notification, however, when the petitioner moved an application through the school concerned for change of name in the certificates, granted by the CBSE, the school in question forwarded the request to the Board and the Board vide order dated 27.5.2020 has rejected the application for change of name on the ground that the particulars of the school records do not show the change of name as sought by the petitioner. The said order is under challenge in the present writ petition.

(3.) The counsel for the petitioner has argued that once a Gazette Notification has been issued and no objections have been filed, it has been announced to the world in 'rem ' that the petitioner intends to change his name and no plausible cause exists for the Board to reject the same. He further states that once the petitioner had made a request for change of name through the school concerned and there was no opposition to the same, the Board should have no objection in change of name as sought by the petitioner.