Embargo In CBSE Byelaws On Change Of Name "Post Publication Of Examination Results" Unreasonable: Supreme Court

The Supreme Court has held that the provision in the CBSE byelaw which permit the change of name of the student only on the basis of court orders obtained before the publication of results as "excessively restrictive".The Court held that the embargo on accepting court orders and gazette publications after the publication of results as an unreasonable restrictions on the exercise of rights under Article 19 of the Constitution."...to say that post the publication of examination results and issuance of certificates, there can be no way to alter the record would be a case of total prohibition and not a reasonable restraint", the Court said.The Court declared that candidates will be entitled to seek change of name even on the basis of court-orders and gazette publications obtained after the result, subject to complying with the reasonable limitation period prescribed by the CBSE."If the request for recording change is based on changed school records post the publication of results and issue of certificate by the CBSE, the candidate would be entitled to apply for recording such a change within the reasonable limitation period prescribed by the CBSE", the bench comprising Justices AM Khanwilkar, BR Gavai and Krishna Murari observed."To use administrative efficiency to make it practically impossible for a student to alter her identity in the Board certificates, no matter how urgent and important it is, would be highly disproportionate and can in no manner be termed as a reasonable restriction. Reasonableness would demand a proper balance between a student's right to be identified in the official(public) records in manner of her choice and the Board's argument of administrative efficiency. To sustain this balance, it would be open to the Board to limit the number of times such alterations could be permitted including subject to availability of the old records preserved by it as per the extant regulations. But to say that post the publication of examination results and issuance of certificates, there can be no way to alter the record would be a case of total prohibition and not a reasonable restraint"The court noted that, as per the present law, change of name is permissible upon fulfilment of two prior conditions – prior permission of the Court of law and publication of the proposed change in official gazette. It is also stipulated that both prior permission and publication must be done before the publication of result."What it effectively means is that change of name would simply be impermissible after the publication of result of the candidate even if the same is permitted by a Court of law and published in official gazette. In other words, once the examination result of the candidate has been published, the Board would only permit corrections in name mentioned in the certificate. Further, changing the name out of freewill is simply ruled out.", the court noted. "The provision is problematic on certain counts. Firstly, it is not a mere restriction on the right, it is a complete embargo on the right post publication of result of the candidate. It fails to take into account the possibility of need for change of name after the publication of result including the uncertainty of timeline required to obtain such declaration from the Court of law due to law's delay and upon which the candidate has no control whatsoever. Whereas, while amending the Byelaws in 2007, the CBSE itself had noted that children are not of mature age while passing school examinations and they may not be in a position to decide conclusively on issues concerning their identity. The Bye laws completely overlook this possibility when it ordains seeking declaration from the Court prior to the publication of results of the concerned examination conducted by it.", the court added.The Court further said :"The concerned Byelaw has been framed on the assumption that there can be no situation wherein a legitimate need for change of name could arise for a student after publication of results. It is presumed that only typographical/factual errors could come in the certificates and they can be corrected using the provision for corrections. The presumption, we must note, is erroneous, absurd and distances itself from the social realities. There can be numerous circumstances wherein change of name could be a legitimate requirement and keeping the ultimate goal of preserving the standard of education in mind, the Board must provide for a reasonable opportunity to effect such changes". The bench therefore held thus:140. We, thus, hold that the provision regarding change of name "post...

Embargo In CBSE Byelaws On Change Of Name "Post Publication Of Examination Results" Unreasonable: Supreme Court

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