Constitution of India, 1950
Article 226—Writ—Petition filed for direction to respondents to correct the surname of father of student from Vijay Gupta to Vijay Kumar in the records of CBSE and for issuance of fresh certificates/mark-sheet to son of petitioner by CBSE for Class 10th and Class 12th Board Examination—Objection as raised on behalf of CBSE that change in surname is not permissible as the same is not covered within the scope of Bye-Law 69.1 of Examination Bye-Laws of CBSE, is considered totally unacceptable and unjustifiable—School itself has been issuing certificates and progress report/report card to the son of petitioner, wherein name of petitioner has been reflected as Vijay Kumar—Petitioner has also made a declaration to the effect that his name is Vijay Kumar in newspaper and has also got the said declaration published in Gazette Notification—Public documents viz. ID Card issued by the Election Commission of India and the PAN Card of the petitioner also show his name as Vijay Kumar and not Vijay Gupta—Documents on record clearly show that petitioner has been using the name as Vijay Kumar and not Vijay Gupta—There is no legal impediment in changing the name of petitioner in the records of the CBSE—CBSE directed to change the name of petitioner in the Class 10th and Class 12th Certificates/ Mark-sheets as issued to the son of the petitioner, to reflect the name of the petitioner, i.e., father of student as Vijay Kumar—Petition allowed.
[Paras 14 to 16, 21 & 22]
Decision : Petition allowed