GRACE MALLIKA RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner, a 17-year-old student, represented by her mother and natural guardian Smt. Sarah Silpa Songa, seeks a mandamus declaring the action of the 3rd respondent - Central Board of Secondary Education in Proceedings CBSE/RO(M)/CORRN/2018/CN/180038, dated 26.06.2019 rejecting their request to correct the name as 'Grace Mallika Raj Kumar' instead of Grace Mallika Songa in Roll Number 4096992 of AISSE 2018, as illegal and arbitrary.

(2.) The brief facts are: the petitioner was born on 25.06.2002 and she was given a name Grace Mallika Songa. The same name was mentioned all through her school records. She appeared for examinations in 2018 with Roll No.4096992 and passed out and to that effect, a declaration was made by Respondents 2 and 3 to whom Respondent No.4 - school is affiliated. For various reasons, the petitioner's family members decided to change her name to 'Grace Mallika Raj Kumar' from 'Grace Mallika Songa'. As advised by the elders well-versed with the said procedure, the petitioner obtained a police verification certificate on 20.02.2019 from the Station House Officer, Banjara Hills and after that, a Certificate from the Tahsildar, Shaikpet vide proceedings Lr.No. A/268/2019, dated 13.03.2019, was obtained which confirms that she qualifies for recognition as a Citizen of India. Thereafter, the petitioner caused a private advertisement to be published in Telangana Gazette Notification No. 48, dated 28.03.2019 announcing change of name as 'Grace Mallika Raj Kumar'. She was also issued an Aadhar Card with the new name. When the petitioner approached the Controller of Examination of Respondent No.2, vide letter CBSE/Coord/AS(C)/112576, dated 10.11.2017, she was informed that the correction in date of birth and correction in candidate, mother and father name would be entertained within one year of date of declaration of the result, in those circumstances, it is not possible to consider her case. The 3rd respondent communicated through letter dated 26.06.2019 that the name change not found in consonance with the school records, hence, the request could not be considered and accordingly, was rejected.

(3.) By filing IA No. 2 of 2019, the petitioner sought to implead The Council for the Indian School Certificate and St. Ann's High School - ISC as Respondents 5 and 6 respectively to the Writ Petition. That Application was ordered and notices were sent, but however, none appeared for them.