ANDOLAN CHETRI PATWETH Vs. CENTRAL BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This writ petition is directed against the order of the Central Board of Secondary Education Board (CBSE) authorities rejecting the petitioner 's representation for change of his surname in his Class-X and Class-XII school records, even though as per the petitioner, the same is permissible as per circular No. CBSE/Coord/AS(C)/112576 dated 10.11.2017, which provides that the revised time limit for change of name is 5(five) years from the date of declaration of result and will be applicable to all the students who have cleared their Class-X or Class-XII examination in the year 2015. The impugned letter having denied the prayer of the writ petitioner as such, he has approached this Court by way of this instant writ petition.

(2.) Mr. K. Paul, learned counsel appearing on behalf of the petitioner submits that the petitioner was born out of a legal marriage between a Non- Khasi father and a Khasi (Pnar) mother and the social customs of inheritance and succession is governed by the Khasi Hills Autonomous District (Khasi Social Custom of lineage) Act, 1997 which recognizes Khasi matrilineal system of lineage. He further submits that the petitioner can speak the local language and has not renounced the status of a schedule tribe at any point of time nor has adopted the personal law of his father not compatible with Khasi personal laws and customs. He submits that in the birth certificate of the petitioner, the surname of his mother which is 'Patweth ' is recorded as his surname. As such, he submits that the change of his surname to his mother 's surname is in consonance with the practice of the society, which however was denied by the CBSE respondents. He therefore, prays that a mandamus be issued to direct the authorities to allow the change of name as prayed for.

(3.) Ms. R. Borah, learned counsel appearing on behalf of the respondent No. 1-3 submits that the rejection of the prayer of the petitioner is by the operation of the Examination Bye-Law of the CBSE. She submits that as per the amended rule i.e. 69.1 (i) of the Examination Bye-Law relating to correction/change of names which is applicable to the present case, the said Bye-Law provides that an application regarding change of name or surname of the candidate may be considered provided that changes have been admitted by the Court of law and notified in the Government Gazette before the publication of the result of the candidate. As such, she submits that the application therefore, being barred by the Bye-Law, the same has not been considered and was accordingly rejected.