Home Judgments & Orders Supreme Court Supreme Court Frames Guidelines For Correction & Changes In CBSE Certificates

Supreme Court Frames Guidelines For Correction & Changes In CBSE Certificates

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The Supreme Court on Thursday has issued guidelines for Central Board of Secondary Education (CBSE) to process applications for change or correction in certificates issued by the Board.

The Court was hearing petitions challenging the CBSE bar on students for correction in name/surname/date of birth of candidates or their parents in the certificates issued by the Board.

A three-judge bench of Justice AM Khanwilkar, Justice BR Gavai and Justice Krishna Murari  directed CBSE to take immediate steps to amend its bye-laws to incorporate such guidelines for recording a change or correction in certificates already issued or to be issued by it.

“Identity, therefore, is an amalgam of various internal and external   including   acquired   characteristics   of   an   individual   and name can be regarded as one of the foremost indicators of identity. And therefore, an individual must be in complete control of her name and law must enable her to retain as well as to exercise such control freely “for all times”.  Such control would inevitably include the aspiration of an individual to be recognized by a different name for a just cause.  Article 19(1)(a) of the Constitution provides for a guaranteed right to freedom of speech and expression.” the 132-page judgment reads.

Further, the bench stated, “we direct   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.     Even   other   pending applications and future applications for such request be processed on the same lines and in particular the conclusion and directions recorded hitherto in paragraphs 170 and 171, as may be applicable, until amendment of relevant Byelaws.”

CBSE is open 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.   In the case of subsequent amendment of school records, that may occur due to different reasons including because of choice exercised by the candidate regarding change of name.

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