KUSUM DEVI Vs. THE UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter, contained in Memo No. CBSE/RO/PTN/M&M/INC-463/2016/212758 dated 6th/21st February, 2017 (Annexure-8 to the writ petition) issued under the signature of the Assistant Secretary, Central Board of Secondary Education, Regional Office, Patna Region, Patna (respondent no. 2) by which request for change in the name of the petitioner's husband in the grade sheet/certificate of performance of Class-X for the Academic Sessions 2014-16, issued in the name of petitioner's son - Sunny Kumar, has been rejected. Further prayer has been made for issuance of direction upon the respondent - Central Board of Secondary Education (CBSE) to correct the name of petitioner's husband from 'Nandan Pd.' to 'Nandan Prasad'.

(2.) Learned counsel for the petitioner submits that the petitioner's son, namely, Sunny Kumar completed secondary education from D.A.V. Public School, Rajrappa Project, Hazaribagh, through the CBISE. On passing of Class-X Examination, the CBSE issued grade sheet/certificate of performance to the petitioner's son in which the name of the petitioner's husband (father of Sunny Kumar) was written as 'Nandan Pd.', but, in fact, the name of the petitioner's husband is 'Nandan Prasad'. As per the provisions of Clause 69.1 of the Examination Bye laws issued by the CBSE, mark-sheet, school leaving certificate and admission register are required to be considered for correction in the name of a candidate and his/her parent. Though the name of the petitioner's husband has been mentioned in the mark-sheet issued in internal examinations conducted by the school as 'Nandan Prasad', but due to inadvertence on the part of the school, the name of the petitioner's husband in the admission register has been written as 'Nandan Pd.' Once the said mistake was noticed appearing in the grade-sheet/certificate of performance issued by the respondent - CBSE to the petitioner's son, an application was made to the school for correction in the name of the petitioner's husband (father of Sunny Kumar) which was forwarded by the Principal of the School vide letter dated 17th January, 2017 to the respondent - CBSE. However, vide impugned letter dated 6th/21st February, 2017 (Annexure-8), the respondent no. 2 rejected the said request. Learned counsel for the petitioner further submits that Clause 69.1 of the Examination Bye laws of the CBSE has been amended vide Notification No. CBSE/Coord/AS(C)/12576 dated 10th November, 2017, wherein period for correction in the names of a candidate and his/her parent etc. has been extended up to a period of five years from the date of declaration of the result.

(3.) Learned counsel for the respondent - CBSE, while relying upon the counter affidavit filed on behalf of the respondent no. 3, submits that as per the details provided by the school management, the name of the petitioner's husband has been mentioned as Nandan Pd. and, accordingly, the said name has been mentioned in the grade-sheet/certificate of performance as "Nandan Pd." The petitioner's application for correction of the said name has been rejected mainly due to the reason that the desired correction did not match with the school record.