Abhay Kumar @APPELLANT@Hash Chairman Central Board Of Secondary Education

1. By this writ petition the petitioner has made the following  prayers:-

(i)Â By an appropriate order or direction the respondent may kindly be directed that they consider the matter of the petitioner.

(ii)Â By an appropriate order of direction the respondent may kindly be directed that they corrected the spelling of his father in the mark-

sheet/certificated of Class 10th and issued new mark sheet as well as certificated of secondary class after correction.

(iii)Â By an appropriate order or direction the respondent may kindly be directed they correct the father name of the petitioner form Chander Pal

Singh to Chandra Pal Singh and issue fresh mark sheet after correction.

(iv) Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour

of the petitioner.

(v) Cost of this writ petition may kindly be awarded in favour of the humble petitioners.â€​

2. Counsel for the petitioner submitted that petitioner appeared in the Secondary School, Examination (Class-X) 2016 conducted by the Central

Board of Secondary Education (hereinafter referred to as ‘C.B.S.E.’). Counsel further submits that due to inadvertence and by mistake of the

petitioner while filling up the examination form, the spelling of his father’s name has wrongly been mentioned. Counsel further submits that correct

name of the father of the petitioner is Chandra Pal Singh whereas, due to inadvertence he has mentioned the father’s name in the examination

form as Chander Pal Singh. Counsel prayed that the respondent may be directed to change the name of his father from Chander Pal Singh to Chandra

Pal Singh. Counsel submitted the Pan Card of of his father as well as Adhar Card of his father and Identity Card issued by the Police

Commissionerate, Jaipur in all such documents the name of his father has been shown as Chandra Pal Singh. In support of his contention counsel

relied upon the judgment passed by a Co-ordinate Bench of this court in the matter of Arpit Agarwal Vs. Central Board of Secondary Education and

others (S.B. Civil Writ Petition No.4362/2017) decided on 28.08.2017, wherein it has been held as under:-

“Having heard counsel for the parties, I am of the considered view that CBSE cannot be allowed to take a very technical view of the matter,

relating to changes of details in a mark-sheet/ certificate issued by it. Even though the petitioner and his parents were not careful while filling the form

for admission of the petitioner to the school and while filling up the examination form for the secondary school examination to be conducted by the

CBSE in the year 2016, their carelessness and casualness cannot be held to unrectifiable, to do so, would be wholly insensitive and arbitrary. CBSE's

Examination Bye-laws on the issue of change of details in the mark-sheet/ certificate issued by it are merely directory to be applied with reference to

the facts of each case. To hold them to be mandatory would entail a challenge, quite sustainable to their arbitrariness and hence unconstitutionality.

The impugned order dated 14-3-2017 is therefore quashed and set aside for being vitiated by non application of mind. The petitioner’s application

for change of his father’s name from R.B. Gupta to Ram Bharosi Gupta in the petitioner’s mark-sheet/ certificate of Class-X be actively

considered with due application of mind to facts on record within a period of three weeks from today.

However, for the unnecessary litigation occasioned by the petitioner and his parents' carelessness, the petitioner is directed to deposit as costs

Rs.10,000/-with the Rajasthan State Legal Services Authority Jaipur, and Rs.10,000/- with the Regional Director, Central Board of Secondary

Education, Regional Office, Ajmer.

The petition stands accordingly allowed.â€​

3. Counsel for the respondent submits that change of name of the student’s father mentioned in the mark-sheet/certificate issued by the

C.B.S.E. can only be made within a scope of C.B.S.E. Examination by laws. Counsel further submits that petitioner is not entitled to correction in the

mark-sheet/certificates as the petitioner himself filled the examination form.

4. Heard counsel for the parties and perused the record.

5. The argument raised by the counsel for the petitioner deserves to be accepted for the reason it appears from the documents submitted by the

petitioner in support of his contentions like the Pan Card, Adhar Card and Identity Card issued by the Police Commissionerate, Jaipur that correct

name of his father is Chandra Pal Singh, whereas in the mark-sheet of Class-X, his father’s name has been recorded as Chander Pal Singh. In my

view, the petitioner is asking for correction in his father’s name only to the extent i.e. ‘Chander’ to ‘Chandra’ which is only a spelling

mistake and nothing more. In my opinion the view taken by the respondent-Board is hyper-technical in nature.

6. Thus, in view of the above discussion, the writ petition filed by the petitioner is allowed. The order dated 08.08.2016 passed by the respondents is

quashed and set aside.

7. The petitioner is directed to submit proper application for correction/change of his father’s name in the mark-sheet/certificate of 10th Class

issued by the respondents along with necessary fee. On submitting of such application by the petitioner the respondent no.1 and 2 are directed to make

necessary correction in the mark-sheet/certificate and name of petitioner’s father be corrected as Chandra Pal Singh within a period of two

month. The petitioner is further directed to deposit a cost of Rs.5,000/- in the office of respondent no.2.