Kuldeep Singh Dohare vs Central Board Of Secondary Education & Ors

Petitioner has filed this petition against the order dated 8/10/2016 (Annexure P/1) whereby, request of petitioner to change the name of his mother in

Mark-sheet of 10th and 12th has been turned down. Petitioner has also challenged the order dated 1/4/2017 (Annexure P/9), whereby the office of

Joint Registrar, Division Gwalior, respondent No. 54 herein, directed the petitioner to submit the amended mark-sheet within ten days.

Precisely stated facts of the case are that father of petitioner Late Shri Kunwar Singh Dohare was working on the post of Assistant Teacher in the

Govt. Primary School, Bhurakhedi and died in harness on 9/12/2015, therefore, petitioner being the legitimate son of deceased, moved an application

for compassionate appointment in place of his father. As respondents have not paid any heed over the application of the petitioner for compassionate

appointment, petitioner filed a writ petition being W.P.No. 8974/2016 (s) before this Court, which stood disposed of vide order dated 2/1/2017 with a

direction to petitioner to submit a copy of pending application for grant of compassionate appointment before the Joint Director,Public Instructor

Gwalior, Division Gwalior within 15 days alognwith the certified copy fo the order passed on that date. In turn, the respondent No. 5 herein was

directed to decide the application within further three months. Thereafter, the application of the petitioner was considered by respondent No. 5 and as

there was difference between the name of petitioner's mother and that of wife of deceased employee, petitioner was asked for submitting clarification

and on being satisfied with the same, the authority asked the petitioner to submit amended mark-sheet of 10th and 12th showing correct name of his

mother and for this purpose 10 days time was afforded to the petitioner vide dated 1/4/2017 (Annexure P/9). Meanwhile, as per the pleadings in the

petition, petitioner has already moved to approach the Principal, Jawahar Navodaya, Vidhyalaya, Bajrangrah, District Guna for change of name of his

mother from Rambati Dohare to Rambitholi Dohare and the Principal has also sent a letter to respondents No. 1 and 2, however, vide impugned order

dated 8/10/2016 (Annexure P/1), the request of petitioner has been turned down on the ground that as per Rule 69.1 (ii) of the Amended Rules,

application for correction in name of candidate/father's/ mother's/ guardian's name can only be considered within one year of the date of declaration of

result and in the present case the 10th Mark-sheet was issued to the petitioner in year 2011.

Learned counsel for the petitioner submits that actual name of the mother of the petitioner is Smt. Rambitholi Dohare and same is mentioned in the

whole service record of the father of the petitioner and in the death certificate. The affidavit sworn by the mother of petitioner, ration card, pensionary

documents and passbook, voter card and pancard, name of mother of petitioner is mentioned as Smt. Rambitholi Dohare and when the case of

petitioner for compassionate appointment was rejected / suspended on account of incorrect name of mother of petitioner in 10th and 12th mark-sheets,

with all requisite documents petitioner approached the Principal Jawahar Navodaya Vidhyalaya Bajrangarh, Guna, who on its turn rejected the claim

of the petitioner on technical ground of limitation. Such hyper technical views as has been adopted by respondents is not sustainable in the eyes of law

being illegal and contrary to law.

On the other hand, learned counsel for the respondents opposed the prayer made by the petitioner and prayed for dismissal of the writ petition.

Heard the learned counsel for the parties and perused the documents appended there to.

The case in hand entails the correction of name of mother of the petitioner from Smt. Rambati Dohare (incorrect name) to Smt. Rambitholi Dohare

(correct name). Here Shakespear's view regarding futility of name cannot be successfully borrowed because in modern world name denotes Identity

and is an important aspect for identifying a person and for getting important documents for identity for other purposes like Passport, Adhar Card and

PAN card etc. and for that Class X and Class-XII mark-sheets of a student are important. Any omission or mistake in particulars contained in the

mark-sheets may have serious repercussions in future.

Here in the present case, it further appears that petitioner is seeking compassionate appointment in place of his father in the State Government and

because of some factual anomaly crept in the 10th and 12th mark-sheets he is facing difficulties beside financial distress due to sudden demise of his

father. Therefore, case of the petitioner is to be seen in light of facts available in the case in hand. Learned counsel for the respondents/State informs

this Court that Clause 69.1 has been amended and now the period of limitation for getting the name correction has been raised from 1 to 5 years.

From the documents annexed with the petition, it appeared that petitioner passed his Class-X Board in 2011 and Class XII Board in 2013.

Admittedly, case of the petitioner for correction of mark-sheet for Class-XII was within limitation, therefore, the said correction could have been done

in the Class-XII mark-sheet. If the mark-sheet of Class-XII is corrected and if mark-sheet of Class-X remained the same with incorrect name, then

this would not serve the purpose of the petitioner for correction of name. Therefore, it is imperative, in the interest of justice that correction in Class-X

mark-sheet should also be made. Even otherwise, Articles 14, 19 and 21 of the Constitution cannot be sacrificed at the alter of technicalities.

Here in the present case from the record submitted by the Board, it appears that admission register of the school indicates the name of the mother

as Rambitholi Dohare and it further appears that due to oversight or casualness displayed by the petitioner he could not point out the incorrect name

being referred in the list of candidates and signed it without knowing its error. Indeed, petitioner showed casualness but due to such casualness he and

his family members cannot be penalized because in the age of biometrics he would be denied access to preparation of many other documents. The

case in hand displayed bonafide mistake and no malfide has been referred in the reply on behalf of the Board also. Here, the case would have been

different, if for gaining some ulterior motives, the change in name would have been sought or correction in names in mark-sheets of some distant post

are sought. Year 2013 or 2011 are recent in time line.

Rule 69.1 (i) or 69.1(ii) of the examination By-laws of the Board contemplates such exigency wherein any bonafide mistake on the part of student

or school are taken care of. Such benevolent gesture of the Board is meant to correct the mistakes including spelling error, factual/typographical error

in the name of candidates or their parents. The said laudable purpose cannot be construed in a narrow manner by the Board itself as it addresses the

problem for which it was framed and furthers the cause of justice and fair play. The Division Bench of this Court vide order dated 15.08.2016 in

W.P.No.46/2016 has considered the scope of 69.2 (2) of the examination of By-laws and Coordinate Bench of this Court has taken into account the

Clause 69.1 (i) and order dated 15.11.2017 in W.P.No.2724/2017 and directed the Board to consider the case of the candidate for change of

name/date of birth etc.

Looking to the fact situation and the scope of examination By-laws and the bonafide intent by which petitioner intends to correct the name

compels this Court not to tread over different path.

Resultantly, impugned orders dated 08.10.2016 (Annexure P/1) and 01.04.2017 (Annexure P/9) are here by set aside. Respondent Nos.1 &

2/Board is directed to consider the case of the petitioner in respect of insertion of the correct name of the mother, once the petitioner resubmits all the

documents as per law. Principal of Jawahar Navodaya Vidhyalaya, Bajranggarh, Distt. Guna is also directed to cooperate in the matter and facilitate

the early compilation of the documents and recommend it to the same to Central Board of Secondary Education, Ajmer for correction of mark-sheets.

Petitioner to do the needful at the earliest.

Once, the mark-sheets are corrected by inserting the correct name of the petitioner's mother, then respondent Nos. 4 and 5 shall consider the case

of the petitioner for compassionate appointment in accordance with law if petitioner fulfills all conditions and parameters for compassionate

appointment.

Accordingly, the petition stands disposed of.