CW 9792/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9792/2008 Pradeep Kumar Sharma Versus Central Board of Secondary Education & Anr. Date of Order ::: 30/03/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Santosh Jaiman, for petitioner Mr. Virendra Lodha, for respondent CBSE Mr. Ajeet Bhandari, for respondent-Institution At joint request, matter is finally disposed of at admission stage. Instant petition has been filed by natural guardian father of student (Aakanksha Sharma) with the grievance that in her birth certificate issued by Municipal Corporation, Jaipur on 02/04/1993 (Ann.1) and even in her mark sheet issued by respondent NO.2 (St. Angela Sobhia Senior Secondary School, Jaipur), at all places in the School record, her name appears as “Aakanksha Sharma” as is evident from documents (Ann.P.2 to P.4) but by some human error, in her application which she filled up for appearance in the examination of Secondary School, 2008-09 and sent to respondent No.1 (Central Board of Secondary Education), her name was mentioned as “Aakansha Sharma” and immediately when it came to her notice, representation (Ann.R.2/4) was made to the institution, which also took note of record and recommended to the respondent Board CW 9792/08 //2// for necessary correction in spelling of her name as is evident from letter dt.08/09/08 (Ann.R.2/5) but the Board failed to make corrections despite recommendations made by the Institution, there was no option left for her except to approach this Court by way of instant petition. After notices were issued, respondent- Institution in its reply alongwith documents which clearly depicts that as per documentary evidence on record, her name is spelled out as “Aakanksha Sharma”; and taking note of her application and so also the record maintained in its office, recommendation was made. However, Counsel for respondent Board submits that in view of Reg.69.1 of Examination Bye-laws of the Central Board of Secondary Education, 1995, changes and corrections in name is not permissible unless there is an order of the Court. Reg.69.1 reads ad infra: “69.1 Changes and corrections in Name - (i) Correction in name means correction in spelling errors, factual errors, typo graphical errors in candidate's Name/ surname, father's Name/Mother's Name to make it consistent with what is given in the school record. Change in name also includes alteration, addition, deletion to make it different from the school records. CW 9792/08 //3// (ii) Application for correction in name may be considered any time provided that the application of the candidate is forwarded with the following documents: (a) Admission form(s) filled in by the parents at the time of admission. (b) The school leaving certificate of the previous school submitted by the parents of the candidate at the time of admission. (c) Portion of the page of Admission and withdrawal register of the school where the entry has been made in respect of the candidate. (iii) The Board may affect necessary corrections after verification of the original records of the school and on payment of the prescribed fee. (iv) Applications regarding change in name/surname will be considered where such changes have been permitted by a court of law and notified in a Government gazettee. In the event of Court of judicature allowing the change of name of a candidate, the same shall be carried out by the Board after obtaining relevant documents concerning change of name published in an official gazettee.” Even as per Reg. 69.1 (supra) on which Counsel for the board laid much stress, if there is factual or typographical error in candidate's name/surname, father/mother's name which is inconsistent and different with what is given in the school record, correction is permissible. CW 9792/08 //4// Documentary evidence which petitioner has placed on record in instant case, consistently shows her name as “Aakanksha Sharma”. There seems to be typographical error in her examination form forwarded by respondent Institution to the Board (CBSE), which as per Reg.69.1 requires to be corrected. Consequently, writ petition stands allowed. Respondent-Board (CBSE) is directed to make proper correction in spelling of name of daughter of petitioner as “Aakanksha Sharma” instead of wrong spelling “Aakansha Sharma” in the records maintained by the Board (CBSE) and her name “Aakanksha Sharma” may be taken note of while issuing her marks sheet of Secondary School Examination, 2009 (CBSE). No costs. (Ajay Rastogi), J. K.Khatri/p4/9792CW08Mar30Al.doc