ALLAHABAD HIGHCOURT, UPBOARD, ORDER : अर्जी नियत समय के भीतर नहीं दाखिल की गई के आधार पर नाम की गलती सुधारने से नहीं कर सकता इन्कार यूपी बोर्ड, यहीं क्लिक कर खबर के साथ इलाहाबाद हाई कोर्ट का आदेश भी देखें ।

ALLAHABAD HIGHCOURT, UPBOARD, ORDER : अर्जी नियत समय के भीतर नहीं दाखिल की गई के आधार पर नाम की गलती सुधारने से नहीं कर सकता इन्कार यूपी बोर्ड, यहीं क्लिक कर खबर के साथ इलाहाबाद हाई कोर्ट का आदेश भी देखें ।

विधि संवाददाता, इलाहाबाद : इलाहाबाद हाईकोर्ट ने कहा है कि यूपी बोर्ड में नाम दर्ज करने में हुई गलती को दुरुस्त करने की अर्जी इस आधार पर निरस्त नहीं की जा सकती कि अर्जी नियत समय के भीतर नहीं दाखिल की गई है। यह नहीं कहा जा सकता कि गलती सुधारने की समय सीमा खत्म होने के बाद त्रुटि सुधार कराने का उसे अधिकार नहीं है।

कोर्ट ने कहा सहायक निदेशक माध्यमिक शिक्षा बोर्ड इलाहाबाद याची के पिता के नाम की गलती में सुधार करके प्रमाण पत्र जारी करे। यह आदेश न्यायमूर्ति एमसी त्रिपाठी ने हाथरस के रजत यादव की याचिका को स्वीकार करते हुए दिया है। कोर्ट ने पिता के नाम की गलती दुरुस्त करने की अर्जी देने में देरी के आधार पर अस्वीकार करने के आदेश को रद कर दिया है। मालूम हो कि याची के पिता शिवराज सिंह यादव केंद्रीय औद्योगिक सुरक्षा बल में हेड कांस्टेबल हैं। जब वह मध्य प्रदेश में तैनात थे तो याची केंद्रीय विद्यालय सिंगरौली में पढ़ता था। वहां से स्थानान्तरित होकर उसने मूलचंद पब्लिक स्कूल सिकंदरा राव, हाथरस में प्रवेश लिया।

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. - 58
Case :- WRIT - C No. - 66207 of 2015
Petitioner :- Rajat Yadav
Respondent :- Union Of India & 3 Others
Counsel for Petitioner :- Ram Sanehi Yadav
Counsel for Respondent :- Surendra Prasad Sharma,S.C.

Hon'ble Mahesh Chandra Tripathi,J.
1. Rajat Yadav son of Shri Shivraj Singh Yadav is before this Court assailing the order dated 14.10.2015 passed by the third respondent i.e. Assistant Director, Central Board of Secondary Education, Regional Office, Civil Lines, Allahabad by which he has rejected the claim of the petitioner for changing his father's name in the record of CBSE as Shivraj Singh Yadav instead of Shiv Chauhan Singh and for direction to the third respondent to correct his father's name in the High School Marksheet and to decide the representation dated 5.11.2015.
2. Record in question reflects that the father of the petitioner is serving as Head Constable/GD in Central Industrial Security Force (Ministry of Home Affairs), Central Armed Police Force of Union of India. The petitioner had pursued his entire education prior to High School in different educational institutions across the country. The petitioner passed the Secondary School Examination (Session: 2009-11) conducted by Central Board of Secondary Education (in short, the CBSE) with Roll No.5179031. In the certificate his mother's name was mentioned as Usha Yadav; father's name as Shiv Chauhan Singh, date of birth as 19.8.1995 and School's name as 54443 Amol Chand Public School Sikandra Rao Hathras U.P. When the discrepancy in his father's name was detected, immediately the petitioner had proceeded to move an application before the third respondent for correction of his father's name. Thereafter the third respondent had written a letter to the Principal of Amol Chand Public School Sikandra Rao Hathras U.P. arrayed as fourth respondent. Consequently the Principal of the institution had issued a certificate dated 10.12.2014 stating that as per school record, the name of the petitioner is Rajat Yadav, father's name Mr. Shivraj Singh Yadav, mother's name Mrs. Usha Yadav and his date of birth� 19.8.1995. In the bottom of the certificate, it has also been categorically mentioned that the School is continuously corresponding with the CBSE for correction of his father's name spelling, which is correctly mentioned as above.
3. In para-8 of the writ petition, it has been averred that when the father of petitioner was posted in the State of Madhya Pradesh, the petitioner got his education upto Vth standard from Kendriya Vidyalaya, Singrauli, M.P. The transfer certificate of the year 2005 was issued wherein name of his father was mentioned as Shivraj Singh Yadav and the said transfer certificate has been annexed as Annexure No.3 to the writ petition. Even in the service record of his father, the name of petitioner's father is mentioned as S.S. Yadav. The relevant service certificate was issued on 9.9.2013 from the office of Commandant, Central Industrial Security Force (Ministry of Home Affairs), Unit Kota, Chittorgarh, Rajasthan wherein the name of petitioner's father is mentioned as 'S.S. Yadav' son of Shri Kalyan Singh.�
4. The third respondent vide order dated 14.10.2015 has rejected the claim of the petitioner with following observations:-
"This is with reference to your letter/endorsement No.APS/544443/EXT/2015/133 dated 04.8.2015 received this office on 11.8.2015 on the subject cited above. In this connection, I am directed to inform you that documents submitted and on verification of School Records are not round correct as Head office level hence regretted by the competent authority of the board."
5. A counter affidavit of Shri Piush Kumar Sharma, Regional Officer, CBSE, Regional Office, Allahabad has been filed on behalf of second and third respondents stating that provision relating to change/correction in name of candidate/father/mother/guardian has been given in Rule 69.1 of the Examination Bye-Laws of the Central Board of Secondary Education, which provides that application for correction may be considered within ten years from the date of issue of first such documents on the written request of the candidate (not minor)/father/mother/guardian duly forwarded by the Head of the institution supported by the documents detailed in the Rule. It has also been averred in para-4 of the counter affidavit that Rule 69.1 has been subsequently amended w.e.f. 25.6.2015 providing that the application for correction in the name of candidate/father/mother/guardian will be considered only within one year of the date of declaration of result provided the application is forwarded by Head of the institution with certain documents. It has also been averred that the case of petitioner relates to correction in the name of his father from Shiv Chauhan Singh to Shivraj Singh Yadav in the certificate of Secondary School Examination (Session 2009-11), whereas from the record itself various discrepancies regarding name of petitioner's father have been found and the claim of the petitioner has been rightly rejected by the third respondent and as such, no indulgence is required in the matter.
6. Byelaw 69.1 of the Examination Byelaws of CBSE reads as under:-
"69.1 Changes and Corrections in Name
(i) Correction in name means correction in spelling errors, factual errors, typographical 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.
(ii) Application for correction in name/surname will be considered only within two years of the date of declaration of result provided that the application of the candidate is forwarded with the following document:
(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 effect 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 may be considered provided the changes have been permitted by a Court of Law and notified in a Government Gazette. 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 gazette."
7. Subsequently, the CBSE has amended the Rule 69.1 of the Examination Bye-laws w.e.f. 25.6.2015. The requirement under the new bye-law is that change of name is to be made first in the record of the schools in which the candidates had studied. Now the application for correction in name of candidate/father/mother/guardian will be considered only within one year of the date of declaration of result provided the application of the candidate is forwarded by the Head of institution with certain documents.
8. In the counter affidavit, much emphasis has been placed that the school submitted the record in respect of the petitioner in which it was found that in the admission form his father's name is found as 'Shiv Raj Singh Yadav' but 'Yadav' appears to be mentioned in different writing. It has been claimed that the registration card, which had been issued to the petitioner, was duly signed by the Principal of the School wherein the name of his father was mentioned as 'Shiv Chauhan Singh' and other discrepancy has also been mentioned in the previous transfer certificate, which was issued by Kendriya Vidyalaya Sangathan, Jabalpur wherein name of his father was mentioned as 'S.S. Yadav'. As per Rule 69.1 of the Examination Bye-laws the change and correction in name is permissible but at the same time, it is relevant to indicate that in the present matter, the Principal of the institution had also issued a certificate on 10.12.2014, which clearly proceeds to mention that as per the school record the name of student is mentioned as Rajat Yadav, father's name as Mr. Shivraj Singh Yadav, mother's name as Mrs. Usha Yadav and date of birth as 19.8.1995 and the request was also made with the CBSE Board to correct the discrepancy in the name of student's father.
9. As per record, this much is reflected that the father of the petitioner is an employee of Central Industrial Security Force and the service certificate issued by the office of Commandant, CISF, Unit RAPS/HWP Kota, Chittorgarh, Rajasthan dated 9.9.2013 is also appended as Annexure-4 to the writ petition, which also gives an impression that petitioner's father name is mentioned as S.S. Yadav, son of Shri Kalyan Singh and as such, there is no dispute that the petitioner's father uses surname 'Yadav' and the mother of petitioner also uses her surname as Yadav. Even in the service record of his father, the name of petitioner's father is mentioned as S.S. Yadav which is short form of Shivraj Singh Chauhan and as such, the amendment made in Rule 69.1 of the Examination Byelaws of CBSE w.e.f. 25.6.2015 would have no bearing in the present matter as the matter relates to session 2009-11, even Principal of the institution informed to the CBSE within time.
10. Once this is admitted situation that the petitioner moved an application for correction within the permissible time limit as per provisions contained under Rule 69.1 of the Examination Byelaws and the same has been duly forwarded by the Principal of the institution, then in such cursory manner the claim of the petitioner cannot be non-suited.
11. It is trite law that the case of the respondents cannot be improved on the basis of the counter-affidavit or the written submissions vide Mohinder Singh Gill and another vs The Chief Election Commissioner, New Delhi and others AIR 1978 Supreme Court 851 and S.N. Mukherjee Vs. Union of India (1990) 4 SCC 594.
12. In Ajay Kumar Vs. Secretary Secondary Education Board, U.P. reported in LAWS (ALL)-2014-1-262 this Court in matter relating to U.P. Intermediate Board has held that much lenient view is to be taken in correction of mistakes in the record maintained by the Board. Para -5 of the aforesaid judgment is reproduced herein:-
"A Division Bench of this Court had the occasion to deal with the similar facts and also the Regulation 7 in Special Appeal No. 1202 of 2010, Babu Ram v. State of U.P. and another, decided on 3rd August , 2010. The Court has found that Regulation 7 refers to correction in the certificate of passing and if there is any mistake in the record maintained by the Board. Regulation -7 would not be applicable. For the sake of convenience, the relevant part of the judgment of the Division Bench is quoted below:-
Regulation 7 of Chapter III of the Regulations, which is relevant for the purpose, reads as under:
In the petition filed by the appellant, that plea was also taken before the learned Single Judge. However, the learned Judge held that as the application was filed beyond the time and was not maintainable, and that the appellant herein may file a civil suit for declaration of his date of birth.
In the instant case, we find that Regulation 7, referred to above, refers to correction in the certificate of passing. There is no mistake in the certificate of passing. The mistake is in the records maintained by the Board. Therefore, the said Regulation would not be applicable so far as the case of the appellant is concerned. Once the respondents themselves had issued the certificate showing the date of birth of the appellant as 1st September, 1949, the respondent No. 2 was bound to correct the clerical mistake in the record of the Board."�
13. A Division Bench of this Court in the case of Babu Ram vs. State of U.P. and another (Special Appeal No. 1202 of 2010, decided on 03.08.2010) has held that the mistake, which has crept in on account of wrong entry in the records of the Board, would not disentitle the applicant seeking correction nor would such a claim be liable to be rejected on the ground of it having been preferred beyond the time prescribed under Regulation 7. The Division Bench in the case of Babu Ram (Supra) after noting the provisions of Regulation 7 of Chapter III held that the said Regulation referred to correction in the certificate of passing. However, in case mistake in the record maintained by the Board, the Regulation would not be applicable.
14. In view of the aforesaid facts and circumstances, the order impugned cannot sustain and is, accordingly, set aside.
15. The writ petition is allowed and a direction is issued to the third respondent to correct the name of petitioner's father and issue necessary certificate in this regard.
Order Date :- 3.1.2017
RKP