MUJIBUR RAHMAN KAYAL and ANR vs THE CHAIRMAN, CENTRAL BOARD OF SECONDARY EDUCATION and 3 ORS.

Heard Mr. H.K. Das, learned counsel for the petitioners. Also heard Ms. R. Bora, learned counsel for the CBSE.

The son of the petitioner appeared in the All India Secondary School Examination conducted by the CBSE in the year 2016 and he was a student of

the Maharishi Vidya Mandir Public School, Panikheti, Guwahati.

For the purpose of the examination, an admit card was issued to the son of the petitioner where the father’s and mother’s name were

wrongly indicated. The name of the petitioner No.1 being the father was shown as Musiar Kayal instead of Mujibur Rahman Kayal, whereas, the

name of the petitioner No.2 being the mother was shown as Musammod Pakiza instead of Pakiza Begum.

The petitioners desire to make a correction in the admit card issued by the CBSE. For the purpose, they have made an application before the

CBSE, whereupon, the order dated 31.08.2017 (to be read as 31.08.2016) was passed providing that the school records submitted by the petitioner

does not justify the correction of the parents name.

Being aggrieved, this writ petition has been preferred. One of the aspects brought to the notice of this Court is the Annexure-2 page 14 of the writ

petition, which is the admission form submitted by the petitioner as on 16.11.2004 when the son of the petitioners was admitted to the Maharishi Vidya

Mandir Public School, Panikheti, Guwahati. The said application form reflects the name of the petitioner No.1 i.e. father of the candidate to be Md.

M. Rahman Kayal. The admission form does not reflect the name of the mother.

The procedure for correcting the name of the parents of a candidate appearing in the CBSE examination is provided under Clause 69.1 of the

CBSE Bye-laws as amended from time to time. The said Bye-laws require that an application for correction of father’s/mother’s name be

submitted within a period of 5 years from the date of declaration of result to be forwarded by the Head of Institute, where the student had studied

along with the true copy of the admission form filled up by the parents at the time of admission and duly attested by the Head Institution; true copy of

the School Leaving Certificate of the previous school submitted by the parents of the candidate; and true copy of the portion of the page of admission

and withdrawal register of the school.

It is noticed that one of the basis for such correction is the true copy of the admission form filled up by the parents, which is annexed as Annexure-

2 Page-14 of this writ petition.

It is stated that the correction was refused inasmuch as the Head of the Institute, where the son of the petitioner had studied sent a list, which

wrongly incorporates the name of the petitioners, i.e. father and mother.

But as noticed, the relevant materials which would be the basis for such correction is the true copy of the admission form submitted at the time of

admission in the Institute. Accordingly, it is directed that the petitioner shall submit a fresh application before the Head of the Institute where the

student had studied i.e. Maharishi Vidya Mandir Public School, Panikheti, Guwahati and upon the same being submitted, the Head of the Institute shall

within a period of 15 days thereafter forward such application to the concerned official in the CBSE along with the true copy of the admission form

submitted by the petitioner at the time of admission as well as other documents as indicated above. Upon the said application being sent to the CBSE,

the CBSE shall within a period of another one month thereafter pass a reasoned order thereto.

Writ petition is accordingly disposed of.