IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 22823 of 2011(C) -------------------------- PETITIONER(S): --------------- VANDITHA JOSHI (MINOR), AGED 16 YEARS, D/O.MANOJ JOSHI.I.A.S, RESIDING AT GOVERNMENT QUARTER NO.VII, JAWAHAR NAGAR, KOWDIAR.P.O, TRIVANDRUM - 695 003, REP.BY HER FATHER &GUARDIAN MANOJ JOSHY.I.A.S, RESIDING AT -DO- BY ADV. SRI.A.B.MOHANAKUMAR SRI.T.SHIHABUDEEN RESPONDENT(S): --------------- 1. THE SECRETARY, CENTRAL BOARD OF SECONDARY EDUCATION, REGIONAL OFFICE, 16TH MAIN ROAD, ANNA NAGAR (WEST), CHENNAI - 600 040. 2. KENDRIYA VIDYALAYA, THIRUVANANTHAPURAM, KERALA - 695 004, REP. BY ITS PRINCIPAL. SC SRI.DEVAN RAMACHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22823 of 2011 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE PETITIONER'S SECONDARY SCHOOL EXAMINATION CERTIFICATE DATED 28.5.10 EXT.P2- TRUE COPY OF THE BIRTH CERTIFICATE NO.894/161 DATED 25.4.1996 ISSUED BY THE GRAMA PANCHAYATH, BHATADIYA, PANCHAK SAMITHI, UDAYAPUR, RAJASTHAN EXT.P3- TRUE COPY OF THE MIGRATION CERTIFICATE NUMBER 0879633 DATED 30.4.10 OF THE CENTRAL BOARD OF SECONDARY EDUCATION, NEW DELHI EXT.P4- TRUE COPY OF THE RELEVANT PAGE OF GAZETTE NOTIFICATION PUBLISHED IN KERALA GAZETTE VOL.LV NO.32 DATED 10.8.2010 EXT.P5- TRUE COPY OF THE LETTER DATED 30.11.2010 ISSUED TO THE PRINCIPAL FROM THE CENTRAL BOARD OF SECONDARY EDUCATION. (True copy) P.A. To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).22823/2011 .............................................. Dated this the 23rd day of August, 2011 JUDGMENT Petitioner is a XIth standard student of the second respondent School, which is affiliated to the first respondent. Her name was entered in the School certificate as 'Vini Joshi' and Ext.P1 is the Secondary School Examination Certificate. Subsequently, the name of the petitioner was changed to 'Vanditha Joshi' and the changed name was published in the Gazette, a copy of which is Ext.P4. An application was there upon made to the respondents for changing the name in the School records and the certificates and that application has now been rejected by the first respondent as per Ext.P5 communication which reads as follows:- “With reference to your letter on the above subject, it is hereby informed that your request for change in candidate's name in respect of Vini Joshi of class-XI cannot be considered on the basis of documents enclosed as per rules. Hence, you are directed to take appropriate action in the matter as per the school records.” It is challenging Ext.P5 the writ petition is filed. W.P.(C).22823/11 2 2. The learned Standing Counsel appearing for the first respondent points out that the Examination Bye-law of the CBSE, as it now stands provides for correction only if it is so permitted by a Court order. It is stated that it was therefore that the request of the petitioner was rejected. The learned Standing Counsel further clarified that the CBSE Examination Bye-law is being amended providing change of name, on the applicant getting the same notified in the Gazette followed by newspaper publications. It is stated that the process of amendment will be completed within a period of three weeks. 3. As at present, in the absence of a Court order, in view of the provisions of the CBSE Examination Bye-laws, Ext.P5 is unassailable. Now that the Bye-laws are being amended, I direct that on the amendment of the CBSE Examination Bye-laws as submitted by the learned Standing Counsel, it will be open to the petitioner to comply with the requirements of the amended Bye- laws and make a fresh application to the respondents in which event, the same will be considered in accordance with the W.P.(C).22823/11 3 amended Bye-laws and orders will be passed without further delay. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs