Top Courts asks CBSE to amend byelaws to enable change of name in school certificates
The Supreme Court vide its order dated June 3, 2021 directed the CBSE to amend its relevant Bye Laws related to correction or change of the candidate’s or their parents name in the school certificates already issued or to be issued by it.
The Bench of Justice(s) AM Khanwilkar, BR Gavai and Krishna Murari said that there was no reason for the CBSE to turn down or attach any precondition except of reasonable period of limitation keeping in mind the period for which the CBSE had to maintain its record under the extant regulations in case where the incumbent wanted “correction” in the certificate issued by the CBSE.
“While doing so, it can certainly insist for compliance of other conditions by the incumbent, such as, to file sworn affidavit making necessary declaration and to indemnify the CBSE from any claim against it by third party because of such correction. The CBSE would be justified in insisting for surrender/return of the original certificate (or duplicate original certificate, as the case may be) issued by it for replacing it with the fresh certificate to be issued after carrying out necessary corrections with caption/annotation against the changes carried out and the date of such correction. It may retain the original entries as it is except in respect of correction of names affected in exercise of right to be forgotten. The fresh certificate may also contain disclaimer that the CBSE cannot be held responsible for the genuineness of the school records produced by the incumbent in support of the request to record correction in the original CBSE certificate. The CBSE can also insist for reasonable prescribed fees to be paid by the incumbent in lieu of administrative expenses for issuing fresh certificates.”, the court added.
Forbidding CBSE from imposing a pre-condition for only applying for correction consistent with the school records only before publication of results, the court observed that would be unreasonable and excessive.
With regards to the incumbent’s request for recording the change based on changed school records post the publication of results and issuance of certificate by the CBSE, the Court observed that the candidate would be entitled to apply for recording such a change within the reasonable limitation period prescribed by the CBSE. It was further added that the candidate could not claim that she had no knowledge about the change recorded in the school records because such a change would occur obviously at her instance.
“If she makes such an application for correction of the school records, she is expected to apply to the CBSE immediately after the school records are modified and which ought to be done within a reasonable time. Indeed, it would be open to the CBSE to reject the application in the event the period for preservation of official records under the extant regulations had expired and no record of the candidate concerned is traceable or can be reconstructed.”, the Court remarked on this aspect.
On the aspect of “change” of particulars in the certificate issued by CBSE the court took note of two situations, inter alia the first one based on public documents such as Birth Certificate, Aadhaar Card/Election Card, etc. and incorporation of the change in the CBSE certificate consistent therewith and the second one being due to acquiring the name by choice at a later point of time.
As per the first category and taking into consideration the legal presumption in relation to public documents as envisaged in the Indian Evidence Act, 1872 the court said that CBSE could not ignore such public documents and could entertain the request for recording the change in certificate issued by it.
On the aspect of change of name based on the new acquired name without any in supporting school record or public document, the Court said that the request may be entertained upon insisting for prior permission/declaration by a Court of law in that regard and publication in the Official Gazette including surrender/return of original certificate (or duplicate original certificate, as the case may be) issued by CBSE and upon payment of prescribed fees.
The bench in the present matter was hearing a batch of pleas challenging the constitutionality of Byelaw 69.1 of CBSE which prohibited correction in name of either of the candidates or his/her parents in the school certificate unless such correction/alteration matches with the school records.
It was the appellants contention that the ByeLaw 69.1 after the 2007 amendment was invalid as being unreasonable and arbitrary, thereby violative of Article 14 of the Constitution, as it puts a blanket embargo on corrections other than those which are necessary for bringing the documents in conformity with the school record. It was also contended that the amended byelaw did not address the possibility of error in the school record itself, and left the student with no opportunity to correct the error committed by the parents in the school records.
The Court by exercising plenary jurisdiction also directed the CBSE to process the applications for correction or change, as the case may be, in the certificate issued by it in the respective cases under consideration.
Case Title: Jigya Yadav (Minor) (Through Guardian/Father Hari Singh) Versus C.B.S.E. (Central Board Of Secondary Education) & Ors.| Civil Appeal No. 3905 OF 2011