CHANGE OF NAME IN CERTIFICATES
Change Of Name In Certificates –
In India, most of the education institutions (schools) have affiliation with the Central Board of School Education. When a child took admission in a school, some formalities performed by the institution like fill up the admission form along with supporting documents for the record and most important document is taken by them the original Birth certificate of the child and a strict instruction given by the schools that detail of the child (name & date of birth) must be written according to the birth certificate and no changes will be allowed in future.
Basically, this is the kind of instruction given by the Central board of school education to the schools, Schools have to follow all instruction given by the board otherwise affiliation of the school can be canceled.
How You Can Change Your Name –
If we talk in general nature then the process of name change is not a big deal. You can change your name easily with completion of some formalities. Here are three steps you have to take for changing your name
- Make an affidavit regarding the change of name and mention your new name.
- Give a General publication in the newspaper (minimum two newspaper) regarding your old name to a new name.
- Finally, give a publication in Government Gazette.
After completion of this above step, you can change your name all your relevant documents like Passport, voter ID card, Ration Card, etc.
Rule Regarding the change of Name in Certificates –
CBSE( Central Board of School Education) has bye-law/rule regarding the change the name of the student, his/her father’s and mother’s name, Correction in the name of student, Correction in the name of his/her Father and mother, Correction in date of birth of the student etc. Here we are talking about only bye-law relating to Change of name in the certificate of 10th and 12th class.
“The rule 69.1 provides that the application would be considered provided the change has been admitted by the court of law and notified in the Government Gazette before the publication of the result of the candidate.”
Now first need to understand the present rule. We divided this rule into two parts -:
- File the civil suit for a declaration regarding change of name by the particular person in civil court.
- Notified his/her new name in Government Gazette before the publication of the final result of the class i.e. before preparing the Mark sheet of the relevant class.
The most important thing is the first part of the rule ( filling of a civil suit) held to be unnecessarily requirement by the Delhi High Court in Naveen Dogra and others vs. CBSE case and relevant part of the judgment is produced below
“As regards change of name/surname, the bylaw requires the applicant to submit an order from a Court of law and notification in a Government Gazette before a change in the record of CBSE can be allowed. In my view, the requirement to submit an order from a Court of law permitting a change in the name is wholly unjustified and in fact impossible to comply since a Court of law does not intervene in a matter of change of name unless someone questions such change of name. In case it is assumed that under the Byelaw, the person seeking a change of name in the record of CBSE is to bring an order from a Civil Court, no such order can be obtained since there will be no defendant if a civil suit is to be filed by the applicant. A civil suit for declaration can be filed only if someone is denying or disputing the changed name of the applicant. It appears that requirement of submitting an order from a Court of law has been incorporated in the byelaw, without appreciating this aspect of the matter and without realizing that in the absence of a lis, no order can be passed by a Court with respect to change of the name of a person. The byelaw 69.1 of Examination Byelaws, to the extent it requires the applicant to submit a Court order permitting the change of his name being faulty, therefore, needs to be ignored from consideration. The only requirement which then remains is notification of the declaration of change of name in the Official Gazette.”
It means the applicant require to follow the second part of the rule properly.
Now, how you apply for a change of name before the central board of school education. we will tell you in another blog.