WPA/10254/2026 of SUNITA DAS Vs CHIEF SECRETARY OF THE EDUCATION DEPARTMENT AND ORS. on 28 September 2026

1. It is submitted on behalf of the West Bengal Board of Secondary Education that the petitioner cannot get the name of her minor child registered with the West Bengal Board of Secondary Education, because the petitioner has changed the name of the child at the time of her admission in school. There is a mismatch of the name of the child in the school register and her birth certificate.

2. The child of the petitioner is due to appear in class X Board (Madhyamik Examination) in the year 2027. For non-registration of the name of the child of the petitioner, she will not in a position to appear in the Board examination.

3. Prayer has been made to direct the Board to register the name of the petitioner’s child.

4. Learned counsel for the Board submits, upon instructions, that without the change of name in the birth certificate of the child, the identity of the child cannot be changed.

5. The petitioner has relied on a judgment delivered by the Hon’ble Supreme Court in the matter of Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) v. Central Board of Secondary Education & Ors. reported in (2021) 7 SCC 535.

6. In support of the submission that the change of name ought to be made by the Board, learned counsel for the State relies on a Circular published by the Directorate of Health Services, State Bureau of Health Intelligence, Government of West Bengal dated July 29, 2025 publishing the guidelines for name correction in the birth records under Section 15 of the Registration of Births and Deaths Act, 1969 as amended in 2023.

7. Upon hearing the submission made on behalf of all the parties and on perusal of the documents placed before the Court it appears that there is indeed a mismatch of the name of the child of the petitioner. The Board relies on the birth certificate but not the register maintained by the school.

8. The petitioner is directed to take steps in terms of the Circular dated July 29, 2025 mentioned herein above. The petitioner shall produce the affidavit sworn before the First Class Judicial Magistrate. The supporting documents available with the petitioner shall be produced. The notice of change of name shall be published in one national newspaper and one local vernacular newspaper.

9. The West Bengal Board of Secondary Education shall take necessary steps for changing the name of the child of the petitioner as sought for upon submission of all documents. Steps shall be taken by the Board at the earliest to register the name of the petitioner’s child.

10. It will be open for the petitioner to pursue the matter with the Registrar of Births and Deaths, Maheshtala Municipality.

11. The writ petition is disposed of.

12. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.

13. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J]