The Delhi High Court on Thursday sought response from the parties on a feasible solution that could be worked out for students wishing to change their names or other details in their Class X or XII certificates and marksheets.
The bench of Chief Justice D.N. Patel and Justice Jyoti Singh was hearing a plea for a change in the name in the Class X certificate and marksheet issued by the Central Board of Secondary Examination (CBSE).
“Suppose third time name is changed, so third time they will issue marksheet?” queried the Bench as several matters pertaining to this issue were raised before the Court.
The Bench suggested that there could be a separate sheet attached with the original marksheet and the students could change their details as many times as they wish, keeping the original document intact.
“Original name has got a historical value also, as on that date your name was this. This has got several difficulties also. Suppose somebody is committing an offence, then after 10-15 years he would change the name and say I’m so and so, I am not an offender. Who knows what will happen? So, there are several repercussions,” observed the Bench.
The Bench observed further that if there is some typographical error, then it can direct to make changes; but when people want to change voluntarily, then that could be done on a separate sheet.
In this regard, the Bench asked the counsel for the petitioner to apprise the court on the queries raised by the Bench on the next date of hearing.
The Bench, while issuing notice upon the Centre and the CBSE, asked them too to apprise the Court on a methodology that could be adopted to finally decide such type of cases.
The counsel, appearing for the CBSE, informed the Court that as per directions issued by the Supreme Court, the Board is in the process of amending its bye-laws. The matter will now be heard on August 23.
Filed by one Arshiya Khan, the plea states that the petitioner was enrolled in school with the name Samoan Khan, and passed her Class X examination on May 6, 2019 with the said name. However, since the petitioner often used to remain ill, in September 2020, an astrologer told her parents \to change her name stating that the reason behind the bad health of the petitioner is the impact arising out of the name. Pursuant thereto, the father of the petitioner swore an affidavit for declaration of change of name of the petitioner from Samoan Khan to Arshiya Khan for all purposes.The plea further states that on the strength of the said affidavit, a publication was made on October 27, 2020 in two leading national newspapers namely Jansatta and Indian Express. On November 21, 2020, the factum of the change in name of the petitioner was even published in the Official Gazette. Thereafter, the school authorities carried out the said change in name of the petitioner in the school records and other necessary documents. On April 8, 2021, the petitioner preferred an application before the Board for making the desirable change in her name in the marksheet and certificate of Class X issued by the Board, which has not been acted upon yet.
The plea contends that on July 29, 2015, a circular was passed by the Directorate of Education Examination Cell, Delhi Government, wherein amendment was brought to Rule 69.1 (i), thereby, making it impermissible to bring out any changes in the name of the candidate or their parents after publication of the result of the candidate.
In this regard, the petitioner seeks a direction to the CBSE to change the name of the petitioner in the Class X Certificate and Marksheet; and a declaration of circular dated July 29, 2015, passed by the Delhi Government, as ultra vires of the Constitution and opposed to public policy and principles of natural justice.