Change Student's Name, Insisting On Same In CBSE Records 'Impossibility': High Court Tells DU
The Delhi High Court Friday directed Delhi University to change the name of one of its students without insisting upon a change in his CBSE records, saying such a requirement amounted to "asking for the impossible".
The Delhi High Court Friday directed Delhi University to change the name of one of its students without insisting upon a change in his CBSE records, saying such a requirement amounted to "asking for the impossible". Justice Jayant Nath said the student passed out from class 12 in 2018 and was seeking a change in his name in 2019 while he was a student of DU and therefore, asking him to first get the CBSE records changed was "a misplaced requirement and cannot be accepted".
The direction and observations came on the plea by Rayaan Singh, Hindu College student, who sought a change of his name to Rayaan Chawla in his DU records. He challenged DU's notification of 2015 which mandates that for change of name in the varsity records, the change has to be first effected in the certificate issued by the Central Board of Secondary Education (CBSE).
The student wanted to change his surname to adopt that of his mother as, according to his plea, his parents separated in 2007 and divorced in 2015 and throughout his life, he "never enjoyed any form of constructive relationship" with his father. He had already published a declaration regarding change of his name in two newspapers and the Gazette of India.
DU opposed the plea on the grounds that he had adequate time to get his name changed to Rayaan Chawla after his parents got divorced in 2015 as he passed out from class 12 only in 2018. The court, however, did not agree with DU and said, "When CBSE issued the documents, the petitioner had the original name 'Rayaan Singh'.
The same cannot be changed now as in 2018 when the petitioner completed his class 12th he was known as 'Rayaan Singh'. "The law would not require the petitioner to perform the impossible. The insistence of respondent No.1 (DU) to first get the name changed in the records of CBSE is a misplaced requirement and cannot be accepted." Justice Nath further said that in his opinion, as the change of name is with effect from August/September 2019 i.e. much after the Class 10th and 12th certificates issued by CBSE, DU cannot in these peculiar facts and circumstances insist that the student should also get his name changed in the records of CBSE/in the Class 10th and 12th certificates.
"It is ordered accordingly," the court said and added that in order to avoid confusion between the names in the CBSE and DU certificates, the varsity can show the student's name as -- 'changed name alias/nee earlier name'. "It would be appropriate that respondent No.1/the University of Delhi may change the name of the petitioner in their records/in the degree that may be given in future to the petitioner as above.
It added: "Such a course of action would avoid any confusion in the two names, which would be seen on the records of CBSE and of University of Delhi/appropriate documents issued by the said entities. "In the facts and circumstances, it is accordingly directed that respondent No.1/University of Delhi may change the name of the petitioner in their records accordingly as noted above."