Rajesh Shankar, J. - (1.) The present writ petition has been filed for quashing the letter as contained in Memo No. CBSE/RO/PTN/M &M/INC/ 815/11/2016 dated 21.2.2017 issued by the respondent No. 3 (Annexure-9 to the writ petition) communicating the respondent No. 4 that the petitioner's request for correction of his name in the Xth certificate has been rejected by the competent authority being time barred. Further prayer has been made for issuance of direction upon the concerned respondent to make correction in the name of the petitioner from 'Shubham' to 'Shubham Thakur' in all educational certificates issued by the Central Board of Secondary Education (hereinafter referred to as 'the CBSE'), New Delhi.
(2.) The factual background of the case, as stated in the writ petition, is that the petitioner passed Xth Board Examination conducted by the CBSE in the year 2011 from Guru Gobind Singh Public School, Bokaro Steel City, Bokaro. At the time of admission, his name was recorded as 'Shubham'. Thereafter, he took admission in Lady A Singhania EDNL Academy, Jhalawar, Rajasthan and passed Xllth Board Examination conducted by the CBSE in the year 2013 and at present he is a student of the final year B.Tech. Degree Course. In the meantime, he thought proper to add the surname of his father 'Thakur' with his name and for that purpose he sworn an affidavit on 5.3.2016, published his changed name in two daily newspapers, namely, The Hindustan, Dhanbad and the Hindustan Times, Ranchi on 14.4.2016. He also executed an affidavit before the Executive Magistrate on 1.9.2016 and approached the Government of India for publication of his name from 'Shubham' to 'Shubham Thakur' in the Official Gazette of the Government of India. Vide Gazette Notification No. 45 dated 5.11.2016, the changed name of the petitioner was published in the Gazette of India, New Delhi informing that henceforth he shall be known as 'Shubham Thakur'. Thereafter, the petitioner approached the concerned authority of the CBSE for making necessary correction in his mark-sheet and the certificate of 10th Board, however, he was informed that at the first instance Guru Gobind Singh Public School, Bokaro Steel City has to take note of the same and suitably correct the petitioner's name in the admission register and the admission form and subsequently these corrections have to be forwarded by the said school to the CBSE. Accordingly, the parents of the petitioner submitted an application before the respondent No. 4 on 19.1.2017 for making correction in the petitioner's name in the school records and forward the same to the Regional Office, CBSE, Patna for necessary correction in the mark-sheet and other certificates. The respondent No. 4 forwarded the application of the petitioner to the Regional Officer, Regional Office, CBSE, Patna, however, vide impugned letter dated 21.2017, the CBSE communicated the respondent No. 4 that the request of the petitioner has been rejected being time barred.
(3.) The learned counsel for the petitioner submits that the changed name of the petitioner has been accepted by the different Government authorities while issuing his PAN Card, Adhar Card and Driving Licence and in all these documents, the name of the petitioner has been recorded as 'Shubham Thakur' and as such if the required correction would not be allowed to be made in his educational certificates, he will suffer irreparable loss and injury. He cannot be denied to keep the surname of his father 'Thakur' and accordingly to change his name as 'Shubham Thakur' particularly, when there is no material change in his name. The change in the name of the petitioner has also been published in the Gazette Notification. Thus, the respondent- CBSE cannot deny the request of the petitioner for correction of his name in the educational certificates. In view of Section 57 of the Adhar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the respondents also cannot refuse to change the name of the petitioner.;