LAWS(RAJ)-2020-7-22

MAYANK VAISHNAV Vs. CENTRAL BOARD OF SECONDARY EDUCATION

Decided On July 08, 2020
Mayank Vaishnav Appellant
V/S
CENTRAL BOARD OF SECONDARY EDUCATION Respondents

JUDGEMENT

(1.) The petitioner has preferred this writ petition with a prayer that the name of his mother mentioned in Secondary School Examination (Class-X) Record be corrected and the corrected mark-sheet and certificate showing name of the petitioner's mother as "Laxmi Vaishnav" be issued instead of "Sonu Vaishnav". A further prayer has also been made to quash the order dated 1 st March, 2019 issued by the respondent - CBSC rejecting the application moved by the petitioner for the said purpose.

(2.) Learned counsel appearing for the petitioner submits that the name of the petitioner's mother is "Laxmi Vaishnav" and she had changed her name from "Sonu Vaishnav" to "Laxmi Vaishnav" and a gazette notification in this regard was also published on 29 th August, 2019 and in all the documents thereafter, she is being shown as "Laxmi Vaishnav". Learned counsel submits that 10 th Class Certificate has an important bearing for all future purposes for the petitioner and if the name of the mother of the petitioner is not changed, it will cause great hardship to the petitioner for all purposes in future.

(3.) Learned counsel relies on judgment passed by this Court in S. B. Civil Writ Petition No. 18013/2018: Ishita Khandelwal Versus Regional Officer, Central Board of Secondary Education & Anr., decided on 22.05.2019, which has been upheld by the Division Bench in D.B. Special Appeal (Writ) No.838/2019 vide order dated 13th December, 2019, to submit that the Rules framed by the CBSE are non-statutory and they cannot come in the way for a rightful claim of change of name of mother.