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Judgment
A.K. CHAWLA, J.
1.This Letters Patent Appeal is preferred assailing the judgment dated 12.04.2017 passed by the learned Single Judge, whereby, a petition filed by the
appellant under Articles 226 and 227 of the Constitution of India purportedly seeking direction for correction in the name from ""Mazhar Chandroth"" to
Mazhar Saleem Chandroth"" in the record of the respondent - CBSE and re-issuance of the marks-list and transfer certificate, was dismissed.Â
2.Concisely, the facts relevant to the subject are that for the academic sessions 2003 to 2005, the appellant studied in LKG and UKG withÂ
International Indian School, Jeddah, which is affiliated to CBSE. At the time of such admission and studies with International Indian School, Jeddah,
the name of the appellant is said to have been given as ""Mazhar Saleem Chandroth"" with father's name ""Saleem Araiyalakath Chandroth"". This
school is said to have issued the leaving certificate with such names of the appellant and his father. Thereafter, the appellant took admission with Al
Falah International School, DPS Jeddah furnishing his name as ""Mazhar"" and the family's name as ""Chandroth"" and father's and mother's name being
Saleem Araiyalakath Chandroth"" and ""Khadeeja Mayalakara"" and on his completion of class X the respondent-CBSE declared the examination
results 2015 with the appellant's name ""Mazhar Chandroth""; father's name ""Saleem Araiyalakath Chandroth""; and, mother's name ""Khadeeja
Mayalakara"". A migration certificate dated 02.02.2015 was also issued by CBSE with the appellant's name as ""Mazhar Chandroth"" son of Smt.
Khadeeja Mayalakara and Sh. Saleem Araiyalakath Chandroth. Al Falah International School, DPS Jeddah has then also issued a transfer certificate
dated 09.06.2015 with the same particulars of the name of the appellant and his parents as given in the migration certificate dated 02.02.2015 issued
by CBSE. Thereafter, the appellant migrated to the St. Joseph's Higher Secondary School, Thalassery, Kerala in the year 2015. Before such
migration, he had applied to his school, DPS Jeddah, which, in turn, took up the subject for correction in name of the appellant from ""Mazhar
Chandroth"" to ""Mazhar Saleem Chandroth"". Similarly, St. Joseph's H.S.S., Kerala also took up the subject with CBSE. Respondent-CBSE declined
such request by its communication dated 26.01.2016, as according to it, this was a change in name and impermissible in terms of the amended rule
69.1(i) of the Examination Bye-laws, notified by the Board on 25.06.2015. Another representation made on behalf of the appellant dated 24.10.2016
was also rejected. This resulted in filing of the writ petition, which was dismissed by the impugned judgment.
3.During the course of the proceedings in appeal, notices were also directed to be issued to International Indian School and Al Falah International
School at Jeddah besides the respondent-CBSE. Those overseas school, however, did not join the proceedings. CBSE filed its counter affidavit,
stating that the case involved change of name and was not a case of correction, as addition and/or deletion of a part of the name is governed by the
Examination Bye-laws no. 69.1. It elaborated that the certificates issued by CBSE to the appellant were based on the records provided by the
concerned school and there was no mistake in their issuance by the respondent-CBSE and that, the said Examination Bye-laws no.69.1 has not been
interfered with by any Court, though, Civil Appeal no. 3905/2011 Jigya Yadav vs. CBSE & Ors. on the similar issue of change of name was pending
before the Supreme Court. Â
4.Counsel urged that at the initial admission of the appellant with International Indian School, his name was correctly recorded as ""Mazhar Saleem
Chandroth"" and the school leaving certificate dated 11.04.2005 was issued and that, at the time of admission with Al Falah International School, DPS
Jeddah, the application form was filled with the appellant's first name as ""Mazhar"" and his family's name ""Chandroth"" only, as the
admission/application form did not contemplate or provide for a middle name i.e. ""Saleem"" and that, immediately on getting to know of the incomplete
name (of the appellant) in the Secondary School Examination (Class X) 2015, and the migration certificate issued by CBSE as well as the transfer
certificate issued by Al Falah International School, DPS Jeddah, he had applied for the correction in the name. He supported this request by
providing the requisite documents like Birth Certificate, Passport and Aadhar Card and that, such correction was permissible under Rule 69.1(ii).Â
According to counsel, ""correction of spelling"" would mean ""incorrect addition or absence of a part or component in the full/entire name"". In support
of such submission, reliance was placed upon Mohd. Shahabudin Mohd. Shafiurrahman vs. Deputy Director of Education, Pune, 2013(4) Mh. L.J.
383.
5.CBSE relies on the difference in seeking correction as contemplated under the Examination Bye-laws no. 69.1(ii) pertaining to the correction and
the Bye-laws no. 69(i) pertaining to the change of name. Its stand is that the case in hand is of change in name rather than a correction as stipulated
under Byelaws no. 69.1(ii). According to CBSE, the documents on the premise of which the appellant asserts his case for his actual name being
Mazhar Saleem Chandroth"" were prepared after passing of X class. CBSE's stated stand therefore, is that the impugned judgment was in
conformity with the Examination Bye-laws no. 69.1, which have a legal sanctity. Reliance is placed upon the judgment of the Supreme Court in
Maharashtra State Board of Secondary and Higher Secondary Education & Anr. vs. Paritosh Bhupesh Kumar Seth etc., 1985 SCR (1) 29 and upon
the judgments of this Court in LPA no.41/2017 Aditya Srivastava vs. CBSE and Jigya Yadav's case (supra) whereunder, the legality of the
Examination Bye-laws 69.1 was upheld by the Co-ordinate Bench of this Court.
6.Whether the relief prayed by the appellant is of correction or change of name and as to whether it attracts the application of Examination Bye-law
69.1(i) or 69.1(ii), is the precise question for consideration now before this Court. It is not in dispute that in the school records of Al Falah International
School, DPS Jeddah, the name of the appellant was recorded as ""Mazhar Chandroth"" and on the basis of such records only, CBSE declared the Class
X examination results 2015 and issued the appellant's mark-sheet besides issuing the transfer and the migration certificates. It is thus clear that till the
issuance of the transfer certificate dated
09.06.2015, which was certainly much after the publication of the class X examination results 2015, the appellant never took up the cause of any error
in his name either with the school authorities or anyone else. In this factual conspectus, it is relevant to advert to the relevant Examination Bye-laws of
the CBSE, which are as under:
Rule No.         Existing Rule  Amended Rule
69.1(i)Change in name of Applications regarding changes in candidate/Father/Mother/Guardian       name or surname of candidates once
entered in the Board's record may be considered, provided the at any stage while studying in changes have been admitted by the Class IX, X, XI, XII
or thereafter, Court of law and notified in the within a period of ten years from Government Gazette before the the date of issue of first such
publication of the result of the document shall be considered on candidate.
written request of the Candidate (not  minor)/ father/mother/guardian           duly forwarded by the Head of the Institution
supported   by       the following  documents      :
....................................................
69.1(ii)Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidate's name/Surname, Father's
name/Mother's name or Guardian's name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the
school may be made.
Application for correction in name
Correction in name to the extent of correction in spelling errors, factual typographical errors in the Candidate's name/ Surname, Father's name/
Mother's name or Guardian's name to make it consistent with what is given in the school record or list of candidates (LOC) submitted by the school
may be made.
Application for correction in name of Candidate/Father's/ Mother's/Guardian's name will be considered only within ten years of the date of declaration
of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents:
.................................................... of Candidate/Father's/ Mother's/Guardian's name will be considered only within one year of the date of
declaration of result provided the application of the candidate is forwarded by the Head of Institution with the following attested documents :
...................................................
7.In Ms. Jigya Yadav's case (supra), the constitutionality and the legality of the afore-going Bye-law 69.1(i) has been upheld by this Court. This Bye-
law/Rule stipulates that any change in name or surname may be considered, when such change is admitted to by the Court of law and notified in the
official gazette before the publication of the result of the candidate. In the present case, the change was sought after the publication of the result and
also after issuance of the transfer and migration certificates by CBSE. Therefore, the change in name cannot be carried out under Bye-law 69.1(i).
As such, said Bye-law 69.1(i) not coming to the aid of the appellant, appellant seeks attraction of Bye-law 69.1(ii), which pertains to correction in the
name. It applies only to the extent of correction in spelling error, factual typographical errors in the candidate's name/Surname, father's
name/mother's name or guardian's name to make it consistent with what is given in the school record or list of candidates(LOC) submitted by the
school. As observed to earlier, undisputedly, what name(s) appears in the marks-sheet/marks-list and the migration certificate as also the transfer
certificate issued by CBSE, are consistent with what was in the school records or came to be provided by the school prior to the publication of the
results. The appellant's claim is not that there was any spelling or factual typographical error in the certificate needing correction of CBSE records.Â
The relief sought by the appellant therefore cannot be said to be in the nature of a correction in errors or factual typographical errors. In effect, the
appellant seeks addition of name ""Saleem"" which, if allowed, would be inconsistent with the school record or the list of candidates submitted by the
school prior to the declaration of the class X examination results 2015. Such addition on the plain reading of Bye-laws 69.1(ii) in our considered view,
does not fall within the scope of a correction stipulated in that provision or it cannot be termed a spelling or typographical error or any elaboration of an
abbreviation, already existing in the name in the school record on the basis whereof, the class X examination results 2015 and the transfer/migration
certificates were issued by CBSE.Â
8.For these reasons, it is irrelevant to consider as to whether at the time of admission with International Indian School for the academic sessions 2003
to 2005, where the appellant studied in LKG and UKG, his name was given, as is sought to be pressed now. The reliance placed upon Mohd.
Shahbuddin's case (supra) by the appellant is misplaced. In that case, the Court was concerned with the rules applicable to Maharashtra State SSC
and HSC Board, which are different from the Examination Byelaws applicable to the appellant. In those rules, changes could be allowed with the
permission of the appropriate authority. Extant rules applicable to the appellant however, do not extend such discretion. At least, none has come to be
pointed out during the course of hearing. We therefore, do not find any merit in the appeal. This court is also of the opinion that the validity of the
Bye-laws was upheld in the previous judgments. Undoubtedly the nature of the Bye-laws (which are not statutory) are restrictive. The CBSE is
not obliged to, nor is shown to provide specific warning to students or their parents about the conclusive nature of the Bye-laws, whose time-lines are
focused to cater to organizational convenience. India is a vast country; not all students who join affiliated schools are from affluent backgrounds or
have fully aware and educated parents. Such students are admitted to CBSE affiliated schools, on asparitional basis, by such parents who might not
accurately reflect the full or correct names. By the time the student realises this error (of omission) it is too late: furthermore, she cannot be said to
realise the importance of the incorrect name because in most cases, she would be not even a major. The repercussions of this finality due to the
nature of Bye-laws are serious, because every other document - identity, passport, etc. would reflect another name. In this age, when capturing name
and identify consistently becomes the key for education, travel and employment, inconsistencies (such as the inevitable consequence of the way Bye-
law 69.1 is cast) lead to denial of opportunity. These aspects need to be reexamined by the CBSE within six months, to suitably re-cast its Bye-laws
to provide a better mechanism to reflect name changes like the present case.
9.In view of the foregoing findings, the appeal is dismissed but subject to the above directions. All the pending application also stand disposed of. No
order as to costs.