The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that'in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction. more particularly one in nature of Writ of Mandamus, to declare the action of the 2nd respondent in insisting for NOC from the biological father for change of name from Boards Certificate as arbitrary, unreasonable violation of Article 14 of the Constitution of lndia and to issue a consequential direction to the respondents to change the name of the parent/ guardian of the petitioner Master S.Sesha Sai Sri Charan from M.Nageswara Rao to Saripella Sai Lavanya in the X class marks statement, school leaving certificate and records of the Board, duly following the Clause Nos. 68 and 69.1 of the CBSE Eiamination Bye-Laws, 't995 (updated to January 2013), without insisting for NOC from the biological father. l lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to change the name of the parent/ guardian of the petitioner Master S.Sesha Sai Sri Charan from [\/.Nageswara Rao to Saripella Sai Lavanya in the X class marks statement, school leaving certificate and records of the Board, duly following the Clause Nos. 68 and 69.1 of the CBSE Examination Bye-Laws, 1995 (updated to January 2013), without insisting for NOC from the biological father, pending disposal of the main Writ Petition Counsel for the Petitioner: Ms. G. SINDHU Counsel for the Respondents: SRI ANNAPURNA SREERAM, SC FOR CBSE The Court made the following: ORDER 1 wp_11357_2025 NBK, J HON'BLE SRI o.l ORDER The case of the petitioner, precisely as per the writ affidavit, is that his mother (Mrs. Saripella Sai Lavanya) was initially married to Mr. M. Nageswara Rao in the year 2006, and out of the wedlock, the petitioner was born on 28.03.2009. Matrimonial disputes arose between his parents, and his parents have legally separated on 18.08.2017 vide the Judgment and Decree dated 18.08.2017 in O.P.No.264 of 2017 on the file of XVI Additional District and Sessions Judge-cum-Xvl Additional metropolitan Sessions Judge-cum-Additional Family Court, Ranga Reddy District. It is the further case of the petitioner that since his childhood, the petitioner has been living with his mother, and his biological father has not even sought visitation rights for him during the pendency of the divorce petition, and the divorce decree dated 18.08.2017 has become final. After obtaining divorce, his mother married Mr. G. Lakshmi Prasad on24.ll.2017 and ever since the petitioner has been living with his mother and stepfather. The petitioner completed his 10'h Class examination in the year 2024 from St. Martin's High School, Malkajgiri, Hydeiabad, which is affiliated to the 2"d respondent-Central Board of Secondary Education (CBSE); and his l0'h Class mark sheet bear the name of his biological father. It is the grievance of the petitioner that he submitted an application for change of name of the father in his 10'h Class certificate, as per Chapter 9, Clause 69.1 of the CBSE Examination by-laws, 1995 (updated in January 2Ol3), however, the 2"d respondent is insisting the petitioner to produce No Objection Certificate from his biological father. It is the contention of the petitioner that his biological father has legally separated from his mother by obtaining divorce way back in 2017, and the petitioner 2 wp_11357_2025 NBK, J I ,: ,{ t; completed his l0thclass in 20,24? and therefore the 2nd respondent's insistence for No Objection Certificat. t*, biological father is arbitrary and illegal.

2. Heard Mrs. G. Sindhu, learned counsel for the petitioner; and Mrs. Annapurna Sriram, learned Standing Counsel for the 2nd respondent. Perused the record.

3. Learned counsel for the petitioner essentially contends that the mother of the petitioner and the biological father of the petitioner are legally separated by divorce vide Juhlment and Decree dated 18.08.2017; and it is the petitioner's specific unrbbutted contention, based on the divorce proceedings in O.P.No.26 4 of.2017, that his biological lather has never even visited him, and the petitioner has been living with his mother and his stepfather since 2017, and therefore the insistence for NOC from the biological father is arbitrary and illegal, and against the provision under Chapter 9, Clause 69.1 of the CBSE Examination by-larvs, 1995 (updated in January 2013).

4. 'Learned Standing Counsel for the 2nd respondent essentially contends that the inapugned action is in accordance with the procedural requirement under the CBSF. by-laws, and therefore the same cannot be termed illegal and

5. Having considered the respective contentions and perused the record, it is to be noted at the outset that the petitioner's biological father, and mother, have divorced on 18.08.2017 (wt*n the petitioner was about 8 years old), and the petitioner's mother has rernarried on24.1I.2017, and the petitioner has been living with his mother and stepfather, and the petitioner completed his [0'h Class in 2024, and his l0'h Class Certificate bears the name of his biological father under the Column relating to Parent/Guardian, which the petitioner wants to get it changed with his Mother's name as he is being ; 3 wp_LL357 -2025 NBK, J looked after by his mother and stepfather' These being admitted facts' borne out by the record, insisting the petitioner to obtain No objection certificate from his biological father, cannot be sustained in the facts and circumstances of the case.

6. Accordingly, the writ petition is allowed, directing the 2nd respondent to carry out necessary change of name as requested by the petitioner with regard to the parent/guardian column in his 10h Ctass marksheet as well as in the other documents/certificates issued by the 2nd respondent upon passing the 10'h Class examination, without insisting for NOC from the- biological father, within a period of four weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions pending, if any, shall stand closed' Sd/.AHMED ABDULLA KHAN ASSISTANT REGISTRAR Note: That the Paragraph No.5&6 of the order Jated 11.11.2025 inWp.trto -11357 0F 2025 are .oOiti"U as per the order of Hon'ble Court dated 26t11i2025 in l.A.No-2 0f 2025 . This amended order Shall substitute the earlier order which has already been dispatched on 1 1 -11.2025 Sd/.AHMED ABDULLA KHAN ASSISTANT REGISTRAR6 SECTION OFFICER //TRUE COPY/ To, -C'entre, Prge! Vihar, Delhi 1 1 0092' l.TheSecretary,CentralBoardo!Se991!auEducation,shikshaKendra,2, C6mmunity 2. The Centraf goiid oi S-qconcia.li'EOr"ution' Reg-ional Officer' [tfl,arks and Migration O"pr"ririni, 2"i""ffi ' Floors, Sta l i n Central, M' G' Road, co1" in 3. The Controlle?-6i gxaminations,. Central^Board of .Secondary Education' Examination O6pJrtr-6it*,'SniXinu't<enOia, 2, Community Centre, Preet Vihar' Delhi 110092. Vij Jyawdd a, And h ra Prad e sh 52-ooo2' -isi - "rpet,' 5rd-

4. Oi" Cii"-Ms. G. SINDHU,Advocate IOPUC] s. one cc to Ms.'A-trir.rAiUnNA SnrrnAu, sc FoR cBSE [oPUC] 6. Two CD CoPies ry. BM PMK l i I I .i i I I ,l HIGH COURT D TED i1111112 5 DATED:2611112025 CC TODAY D l,-,I l: [3 t\ 'NB [Lt + :\ Dp5',:.'. t'(" ",.''f AMENDED ORDER WP.No.11357 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS l/\ 1 'ar <D