Jayant Nath JUDGMENT
Jayant Nath, J.
1. This writ petition is filed by the petitioner seeking quashing of the notification issued by respondent No. 1/University of Delhi in so far as it makes it mandatory for a student to obtain change of name in the records of the Central Board of Secondary Education (hereinafter referred to as the 'CBSE') as a prerequisite for change of name in the records of respondent No. 1/University of Delhi. Change is also sought in the name of the petitioner in the records of respondent No. 1/University of Delhi.
2. The case of the petitioner is that he is 20 years of age and is currently pursuing B.A. (Hons.) Philosophy at Hindu College affiliated to respondent No. 1. The petitioner is in his 3rd Year of the course. The petitioner was born on 30.06.2000 and was named 'Rayaan Singh' by his parents, namely Ms. Payal Chawla and Mr. Mandeep Singh. The petitioner passed out from Modern School, Barakhamba Road, New Delhi, which is affiliated to CBSE, with the name 'Rayaan Singh ', which is the name on which certificates are issued by CBSE for 10th and 12th Class. He then joined Hindu College in B.A. (Hons.) Philosophy affiliated with respondent No. 1/University of Delhi as Rayaan Singh.
3. The parents of the petitioner had a strained relationship. It is stated that the petitioner never enjoyed any form of constructive relationship with his father and was raised by his mother Ms. Payal Chawla and maternal grandparents. The parents of the petitioner separated in 2007 and obtained a final decree of divorce on 15.09.2015. Since 2007 the petitioner was in sole custody of his mother till the time he attained majority. The father of the petitioner gave up the natural guardianship and sole custody of the petitioner on 03.04.2007 in Guardianship Petition No. 86/2007. In view of the above, it is stated that the petitioner wants to change his name as Rayaan Chawla.
4. The petitioner published a declaration in two leading national dailies, namely, Indian Express and Jansatta on 24.10.2019 declaring that he had changed his name to Rayaan Chawla for all purposes. He has also affected a notice under the Gazette of India dated 07.03.2020 declaring that he had changed his name to Rayaan Chawla. He also applied for the name change in his Aadhar Card, which was amended from 19.03.2020. The same was issued in July, 2020. It is stated that the petitioner also requested respondent No. 1 for change of name. He was informed that he has to comply with the notification dated 01.07.2015. On 19.08.2020, the petitioner submitted all the requisite documents in compliance with the aforesaid notification. On 09.09.2020, the application was returned with the noting "Required 10th and 12th Class Certificates after change name". The petitioner states that the petitioner was informed by respondent No. 1's officials that as per the impugned notification, it is mandatory for the students desirous of seeking change of name to get their name changed from CBSE/other State Boards first. It is stated that CBSE also states that application for change in name would be considered only before publication of result of the candidate. Hence, the present writ petition.
5. Respondent No. 1/University of Delhi has filed its counter affidavit. It has been stated that respondent No. 1/University of Delhi has framed a policy for change of name of its students which has been approved by the Executive Council. The Executive Council is a Statutory Body and its resolutions have the force of law. The resolutions of the Executive Council are passed after much deliberation as per the opinion of experts in the field. It is stated that as per the resolution of Executive Council for change of name, the applicant has to fulfil the following requirements:
"a) Application for change of name will be entertained only when the applicant is a student of University of Delhi at the time of applying f........