PARMAL SINGH Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) THE petitioner is aggrieved of the refusal by the Board of Secondary Education, Ajmer (hereinafter "Board") for changing his mother's name in his Secondary Examination -2009 certificate/mark -sheet earlier issued. Mr. Jai Prakash Poshwal, appearing for the petitioner, has submitted that the petitioner being a regular student of Naveen Sr. Secondary School, Gangapur City, District Sawai Madhopur wrote the secondary (class X) examination -2009 conducted by the Board. Counsel submits that at the time of registration of the board examination, the petitioner entered his mother's name as Tulsa Devi, but mistakenly the Secondary Examination -2009 certificate/mark -sheet issued by the Board indicated the petitioner's mother name as Asha Devi instead of Tulsa Devi. In these circumstances, the petitioner visited the Board office and requested for correction of his mother's name in the Secondary Examination -2009 certificate/mark -sheet. The petitioner has also relied upon the various personal documents such as Voter I.D., Class -VIII certificate/mark -sheet to submit that his mother's name is Tulsa Devi and not Asha Devi. It has been submitted that even after pursuing the matter with the Board, the necessary correction has not been made consequent to which the petitioner is being prejudiced.

(2.) MR . V.K. Gupta, appearing for the respondent -Board has submitted that any name recorded in the Secondary Examination certificate/mark -sheet issued by the Board can be changed only if supported by the transfer certificate of the earlier school and the original scholar's register of the school. This limitation is as per the obtaining regulations of the Board. It has been submitted that the personal documents submitted by the petitioner showing the name of his mother as Tulsa Devi and not Asha Devi cannot be relied upon by the Board in terms of its regulations. Accordingly the request of the petitioner for change of his mother's name in the Secondary Examination -2009 certificate/mark -sheet was rejected.

(3.) THE case at hand is a hard case as on the one hand stand the regulations of the Board and on the other the prospects of employment of the petitioner with his mother's name in the Secondary School Examination certificate mismatching with her name in other documents wherever it occurs. It is nobody's case that in seeking to change the name of his mother from Asha Devi to Tulsa Devi, the petitioner is engaging in fraud or misrepresentation. From the documents filed by the petitioner along with the writ petition and not controverted by the Board such as Voter Card, Class VIII -2007 certificate/mark -sheet etc., it is prima facie apparent that the name of the petitioner's mother is Tulsa Devi and not Asha Devi.