If you are stuck in such a situation, here is what to do. 📝

A young man named Sameer found himself in a difficult position regarding his younger sister, Rina’s, school admission. Rina had completed her 10th grade from the National Institute of Open Schooling (NIOS). Due to a past family property issue, their late father, Mr. Verma, had registered his children with a different surname than the one he and his wife used. While Sameer managed to correct his surname before his own 10th-grade examinations, Rina’s documents still carried the old surname.

Now, as Rina was about to be admitted into the 11th grade in a new school affiliated with the Central Board of Secondary Education (CBSE), the discrepancy came to light. The school administration questioned why her surname was different from her mother’s. The family wants to use their actual, legal surname going forward. They plan to get her birth certificate and Aadhaar card updated, but they are worried because the school needs to send the final student list to CBSE within a few months. Sameer is concerned about the consequences of having two different names on the 10th (NIOS) and 12th (CBSE) marksheets and urgently seeks a solution.

Advice in such cases 💡

Having different names on crucial documents like 10th and 12th-grade marksheets can lead to significant problems in the future for higher education, employment, and passport applications. It is essential to rectify this discrepancy legally and systematically. The primary goal is to create a clear, legal trail that establishes the person’s correct identity. While an affidavit is a good first step, it is often not sufficient on its own. The most robust solution involves a three-step process: an affidavit, newspaper publications, and a Gazette notification, followed by updating the records with the concerned educational boards.

Applicable Sections of Law ⚖️

This issue is not governed by criminal laws like the Bharatiya Nyaya Sanhita (BNS) but falls under administrative procedures and the rules of the respective educational bodies.

• The Gazette of India: A name change published in the Gazette of India is a legally valid public notice of the change of name. It is accepted as primary evidence for a name change by all government departments and institutions.
• CBSE Examination Bye-Laws: The CBSE has specific bye-laws that govern the correction or change of a student’s name, parent’s name, or date of birth. These rules typically require a court order and/or a Gazette notification for any changes after the student’s data has been submitted to the board.
• NIOS Rules and Regulations: Similarly, the NIOS has its own procedure for correcting personal details in its issued certificates. This usually requires submitting an application with supporting documents like the Gazette notification and an updated birth certificate.

If you are seeking the name change ✍️

If you are in a situation like Sameer and Rina, you are the applicant seeking a correction. Here is the recommended course of action:

• Step 1: Create an Affidavit: The first step is to get an affidavit for the name change prepared by a notary. This document should state the old name, the new name, and the reason for the change, and be signed by the applicant (if a major) or by the guardian (if a minor).
• Step 2: Publish in Newspapers: After the affidavit is made, you must publish the name change in two newspapers—one local and one national newspaper. This serves as a public announcement.
• Step 3: Get a Gazette Notification: With the affidavit and newspaper clippings, apply to the Department of Publication for a name change notification in the Gazette of India. This is the most crucial legal step.
• Step 4: Update Aadhaar and Birth Certificate: Use the Gazette notification to get the name changed on the Aadhaar card and, if possible, the birth certificate.
• Step 5: Approach NIOS and CBSE:
  • For the 10th Marksheet (NIOS): Submit an application to NIOS for re-issuance of the marksheet with the corrected name. Attach copies of the Gazette notification, updated Aadhaar/Birth Certificate, and the original marksheet.
  • For the 12th Registration (CBSE): Immediately inform the new school about the name change process. Provide them with copies of the affidavit, newspaper ads, and the Gazette notification. This will allow them to register the student with the correct name for the 12th-grade CBSE board exams.

Key Steps and Documentation 📋

The person facing this issue is not a “victim” in a criminal sense but an individual navigating a complex administrative process. The key is to be proactive and meticulous with documentation. The burden of proof lies on the applicant to prove that the old name and the new name belong to the same person. The Gazette notification serves as this definitive proof, legally bridging the identity between the two names. Keep all original documents, application receipts, and correspondence with the educational boards safe.

How the police behave in such cases 👮

The police have no role in the administrative process of changing a name on educational documents. This is a purely civil and administrative matter handled by notaries, the Department of Publication (for the Gazette), and the respective educational boards (NIOS, CBSE). You do not need to file a police report or obtain any police verification for this process.

FAQs people normally have 🤔

• Is an affidavit enough to solve the problem?
  No. An affidavit is only a declaration and a supporting document. For official purposes like changing names on board certificates, a Gazette notification is almost always required.
• Can the 10th marksheet from NIOS actually be changed?
  Yes, NIOS has a defined procedure for the correction of personal details in documents. It may take time, but it is possible with the correct legal documentation.
• What if my new school refuses to register the new name for the 12th board exams?
  You should provide the school with a copy of the Gazette notification and the CBSE bye-laws regarding name changes. The Gazette is a powerful legal document that schools and boards are bound to respect. If they still refuse, you may need to send a formal letter through a lawyer.

What evidence is required? 📄

To successfully change the name and ensure consistency across all documents, you will need the following:

• A sworn affidavit for name change from a Notary Public.
• Scanned copies of newspaper advertisements announcing the name change.
• The official publication of the name change in the Gazette of India.
• An updated Aadhaar card with the correct name.
• An updated Birth Certificate (if obtainable).
• The original 10th-grade marksheet and certificate that needs correction.
• A formal application letter to the respective educational boards (NIOS and CBSE).
• Passport-sized photographs.

How long will the process take? ⏳

The entire process requires patience as it involves multiple steps and agencies.

• Affidavit: 1-2 days.
• Newspaper Publication: 2-4 days.
• Gazette Notification: This is the longest part and can take anywhere from 1 to 2 months for publication after submission of the application.
• Board Certificate Correction: This can take an additional 2 to 6 months, depending on the board’s processing speed.

Given the urgency of school registration, it is crucial to start the affidavit, newspaper, and Gazette process immediately. You can use the application receipt for the Gazette notification as proof for the school while the final publication is pending.

Advocate Sudhir Rao, Supreme Court of India