• Name change in CBSE and university records

My nephew has changed his name in feb 2018. however, cbse have not agreed to issue fresh certificates with the new name. due to this reason, he is not able to get his name changed in the university records as the revised cbse certificates are reqd. what should we do?
Asked 7 years ago in Civil Law

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18 Answers

Hello,

After 3 year of passing from the school, CBSE will not change the name without an order of the court.

Get in touch with a lawyer who may help you in the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Under CBSE name can be only changed if the name is changed prior to publication of result otherwise they don't undertake such request so at this point you can file a writ petition before the high court for the direction for CBSE for name change.

Further unoveristy can modify the name.based.on gazettee.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

has gazette notification been issued for change in name?

has change of name been published in 2 newspapers

what is reason given by CBSE for refusal to change name in its records

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

Yes it is possible both can be made parties in the writ. On such matter high court give fast relief and it will take 2-3 months to settle the issue and give direction .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It will take 3-4 months.

yes declaration for both can be taken at once.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are required to get in touch with your nearest SDM office and also get published in two leading newspapers.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

Since the cbse has denied doing the needful, you will have to approach the High Court and file a writ of mandamus.

This is a special case since you do not want to rectify any error, but wish to update the name altogether.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Yes, the University and cbse can both be made parties to this writ, but your primary grievance is towards cbse.

The university shall only be a proforma party.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

as per CBSE guidelines any change in school leaving certificate has to be done within period of 2 years, you can move to court.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Check the CBSC Rules which allows issuance of fresh certificate in the changed name but within a certain period if time.

2. So if he passed from board examination very recently then the CBSE is bound to issue the new certificate with the changed name and if it does not issue then you can have legal remedy.

3. To explore the legal remedy you can file a case before the high court under writ jurisdiction.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Dear Sir,

The following information may kindly be read.

I am a lawyer by profession, and have followed the below given procedure for changing my own name. Let me use my experience to help you to change your own name.

Follow the below given steps for changing your own name.

Step 1 – Affidavit

Go to you local Notary and make an affidavit regarding change of your name. You have to mention therein your specific reason for changing your name. For example, you may like to change your name after marriage (especially for women), due to astrological or numerological reasons or anything. Recently, one of my friends was going to start his own company who was locally famous in his nickname, and thus he changed his name from Rishabh Agarwal to Saurav Agarwal.

Note: Here is your sample name change affidavit for reference.

Tips: Make a few copies of your affidavit, and preserve the original one carefully. It’s better to scan it, and preserve its electronic copy on your external hard disk as well as on multiple computers.

This affidavit can be used for changing your first or last name and also using the same, you can completely change your name (both first and last name, for example from Rishabh Agarwal to Saurav Verma).

Step 2 – Newspaper Publication

I, Sri ___________________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by affidavit sworn before the Notary Public, ______________ (place) on ___________ (date). Henceforth, I shall be known as _________________ (New Name) for all purposes. ______________ (Name) and _______________ (Complete postal address).

Full Signature

Fill in the blanks with appropriate details and publish it in your local newspaper.

Tips:

You can choose any 2 local newspapers for publishing it. (No need for FrontPage coverage). Although you need only once copy but its better to get ten copies of that newspaper in which your statement is published and preserve it carefully, because it’s now a lifetime issue. It’s better to preserve both the hard and scanned copies of the newspaper.

Step 3 – Gazette Notification

Now for getting your name published in the Official Gazette of your state, for example: “The Delhi Gazette”, you need to do the following things:

1. Visit your local Government Press or the department that mobilizes Gazette notification.

2. Get 2 copies of “Deed Changing Surname Form”. (Fill this form carefully as per the instructions provided therein)

3. If possible get the phone number, or the mobile number of the person of that department who can help you for Gazette Notification.

Verification

You need to send the following documents to the Secretary, Department of Commerce & Transport (Commerce), _________________ (State).

1. Letter to the Secretary, requesting him to allow you to change your name. (Click here to view sample letter)

2. The “Deed Changing Surname Form”

3. 2 True copies of the newspapers in which your name change statement is published.

4. Attested copy of the Name Change Affidavit.

5. A print out of the statement in plain paper that you need to publish in your official Gazette. (Generally Same as your Newspaper Statement)

6. A Copy of your current identity like your Voter Identity Card, PAN Card, Birth Certificate, School or College Certificates and etc.

*******

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear client

You may file a writ petition in HC which would be decided within 2 or 3 dates of the court.

Adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

The CBSE cannot change the name in the certificate even if you have changed the name as per the existing rules.

You do not have to change the name in the certificates, the name change affidavit shall be kept with the certificates to prove the name change.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

is it possible to file a petition seeking direction for both cbse and the university? he is in the second year of graduation and the university will consider the name change of only current students. how long will it take for the courts to give directions to cbse / university?

It may not fetch the desired result especially to get a direction to the CBSE or the university, because there is no law mandating the change of name in the certificates issued by CBSE, the procedures followed for name change would be sufficient.

However you can file a declaratory suit seeking to declare the changed name and direction to the authorities to effect the name change, this process may take at least two to three years.

T Kalaiselvan
Advocate, Vellore
89987 Answers
2493 Consultations

Your nephew will have to file a suit for declaration in Civil Court in order to direct CBSE to make the requisite change of name which has been legally done.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

If you want to make both the school as well as the University party, you should consider filing writ of mandamus under article 226 and 227 of Indian Constitution which would be the fastest way to get relief.

Both can be made parties in declaration suit as well but that would take longer to be disposed of.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes, without intervention of the court this work will not be possible so without wasting the time in or other say file a application with the competent court take orders and go on.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Dear client

Yes we take cases of HC and SC and can help you in filing the petition.

Adv vikas khatri

Dear client

We deal in HC only and have our chamber at HC. You can contact us for filing of writ.

Adv vikas

Vikas Khatri
Advocate, Delhi
178 Answers

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