Supreme Court told CBSE, name will
have to be changed on request, it is the legal right of the person
The
Supreme Court said that a person should have complete control over his name.
The law should enable individuals to maintain such control.
In
fact, recently the Central Board of Secondary Education (CBSE) has issued
guidelines for recording corrections or changes in certificates. Against which
a petition was filed in the Supreme Court.
Hearing
the petition, a bench of Justices A M Khanwilkar, BR Gavai and Krishna Murari
declared “excessive and unreasonable” the conditions imposed by the CBSE to correct
their names in the records before publishing the results. Instructions have
been given to amend the bye-laws.
The
court, while disposing of 22 petitions questioning the validity of the CBSE’s
bye-laws, said that no board relating to the maintenance of any educational
standard can claim the power to influence the identity of its students. The
right to control one’s identity should remain with the individual. Of course,
this right should be subject to reasonable restrictions.
The
Supreme Court also said that the board has an obligation to bear the additional
administrative burden for name correction. There is no doubt that students are
prone to lose opportunities due to wrong certificates. The usefulness of
certificates issued by the Board is no longer limited to educational purposes.
Through this social purpose is also fulfilled. It is used for details like name
and date of birth while applying for government documents. It is used in
applications for jobs in both the public and private sectors. CBSE itself has
argued many times over the importance and official value of its certificates.
Refusing to change the inaccuracy in such circumstances can be fatal to the
future prospects of the student.
The
court, citing the example, said that if the name of a sexual abuse victim is
exposed due to the negligence of the media or the investigative body, then
despite full legal protection, she can exercise her right to forget her past
and change her name for her rehabilitation in the society. But if CBSE refuses
to change her name, she will be forced to live under the shadow of fears
attached to the past.
#name
change # Supreme Court #India #Legal Right #Law
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Dr.
Deepak Miglani, Email id.:- legalbuddy@gmail.com
For more legal updates
follow us on Twitter @deepakmiglani
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