1 2025:CGHC:2207 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 383 of 2019 Aksh Palak Rishi Alias Palak Chandra Rishi S/o Alok Chandra Rishi Aged About 24 Years R/o Grace Home, Ring Road No. 02, Jarhabhata, Bilaspur District - Bilaspur Chhattisgarh. 495001, District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1. The Central Board Of Secondary Education Shiksha Kendra 2, Community Centre, Preet Vihar, Delhi - 110092., Delhi 2. The Central Board Of Secondary Education Todarmal Marg, Ajmer 305030 Rajsthan., District : Ajmer, Rajasthan 3. The Principal St. Francis Senior Secondary School, Ameri Road Bilaspur, Chhattisgarh. 495001, District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Sandeep Dubey, Advocate For Respondents No. 1 and 2 : Mr. T. K. Tiwari, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 14/01/2025 1) Learned counsel for the petitioner submits that the petitioner moved an application for a change of name before the respondent authority in the mark-sheet of Class-10th. He further submits that the application moved by the petitioner has been rejected by the respondent authority vide order dated 17.06.2015. He contends that the Hon’ble Supreme Court in the matter of Jigya Yadav (Minor) Through Guardian/Father Hari Singh Versus C.B.S.E. (Central Board of Secondary Education) and others reported in AIROnline 2021 SC 274 while 2 dealing with a similar issue has laid down directions for the change of the name and correction of mistakes. 2) On the other hand, learned counsel appearing on behalf of respondents No. 1 and 2/CBSE submits that if the petitioner moves an application through the institution, the case of the petitioner would be considered afresh in light of the judgment rendered by the Hon’ble Supreme Court in the matter of Jigya Yadav (supra). 3) Heard learned counsel for the parties and perused the documents available on the record. 4) Evidently, the Hon’ble Supreme Court in the matter of Jigya Yadav (supra) has laid down certain directions with regard to the change of name/correction of mistakes of students in their mark-sheets. Relevant para 171 of the aforementioned judgment is reproduced herein below:- 171. As regards request for "change" of particulars in the certificate issued by the CBSE, it presupposes that the particulars in- tended to be recorded in the CBSE certificate are not consistent with the school records. Such a request could be made in two different situations. The first is on the basis of public documents like Birth Certificate, Aadhaar Card/Election Card, etc. and to incorporate change in the CBSE certificate consistent therewith. The second possibility is when the request for change is due to the acquired name by choice at a later point of time. That change need not be backed by public documents pertaining to the candidate. (a) Reverting to the first category, as noted earlier, there is a legal presumption in relation to the public documents as envisaged in the 1872 Act. Such public documents, there- fore, cannot be ignored by the CBSE. Taking note of those documents, the CBSE may entertain the request for recording change in the certificate issued by it. This, however, need not be unconditional, but subject to certain reasonable conditions to be fulfilled by the applicant as may be prescribed by the CBSE, such as, of furnishing sworn affidavit containing declaration and to indemnify the CBSE and upon payment of prescribed fees in lieu of administrative expenses. The CBSE may also insist for issuing Public Notice and publication in the Official 3 Gazette before re- cording the change in the fresh certificate to be issued by it upon surrender/return of the original certificate (or duplicate original certificate, as the case may be) by the applicant. The fresh certificate may contain dis- claimer and caption/annotation against the original entry (except in respect of change of name effected in exercise of right to be forgotten) indicating the date on which change has been recorded and the basis thereof. In other words, the fresh certificate may retain original particulars while recording the change along with caption/annotation referred to above (except in respect of change of name effected in exercise of right to be forgotten). (b) However, in the latter situation where the change is to be effected on the basis of new acquired name without any supporting school record or public document, that re- quest may be entertained upon insisting for prior permission/declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees. The fresh certificate as in other situations referred to above, retain the original entry (except in respect of change of name effected in exercise of right to be forgotten) and to insert caption/annotation indicating the date on which it has been recorded and other details including disclaimer of CBSE. This is so be- cause the CBSE is not required to adjudicate nor has the mechanism to verify the correctness of the claim of the applicant. 5) Taking into consideration the submissions made by respective parties, the order dated 17.06.2015 is hereby quashed. Petitioner is permitted to make a fresh representation in accordance with law before the respondent authority, who in turn, is directed to consider and decide the same in light of the judgment rendered by the Apex Court in matter of Jigya Yadav (supra), preferably within period of 90 days from the date of receipt of copy of this order. 6) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya