A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal has observed that as per the amended Bye-Law 69.1(i) of June 25, 2015, a request for change in the name can be considered only where the change has been admitted by the court of law and notified in the government gazette before the declaration of the result of the candidate.
The bench was of the opinion that having failed to challenge the vires of the amended Rule, it was not open to him to contend that amended Rule, which disentitled candidates to seek correction or change in the name within ten years, is arbitrary and illegal.
The court's order came on the plea of the student who appealed against the single judge's December 2016 order, which had also refused to direct the authorities to change his name.
Thereafter, he got his name changed and a public notice was issued to that effect in the newspapers in June 2015 along with a notification in the Gazette of India on December 5, 2015.
On the basis of the same, he made an application before CBSE seeking change of his name in the school certificates/ records.
However, on February 3, 2016, CBSE had informed him that the request for change of name had not been allowed by the competent authority in view of Rule 69.1(i) of the Examination Bye-laws duly notified on June 25, 2015.
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