In its landmark judgment, the Hon’ble Supreme Court of India has recently decided a controversy which had been in the society for a very long period of time, say after the CBSE was constituted and the Board was given power to make its own bye-laws. Even though CBSE is a registered society, yet, it takes care of the entire education system in the country and gives effect to the Right of Education as enshrined in the Constitution of India. CBSE Examination bye laws have been a hot topic since a long time because the rules were so stringent that even an oversight or a lenient approach of students of young age, who were not aware of the problems which could be faced by them in the future prospects did not care to get the particulars corrected unless the need arose for the same. By the time the realization dawned on such students, the limitation period would have already expired rendering the limited remedy available under the law, also defeated.

Jigya Yadav v. CBSE, wherein the Hon’ble Supreme Court clubbed 22 petitions where similar change or correction issues for the name, surname and addition/deletion of initials to the students and her parents was involved as well as in some cases the Date of Birth was also allowed to be corrected on the basis of a public document which though corrected from the Registrar of Births and Deaths i.e. Birth Certificate. The Court while analysing the issues raised before it held that Provision regarding change of name “post publication of examination results” is excessively restrictive and imposes unreasonable restriction on the exercise of rights under Article 19 of the Constitution of India.

It further held that the Right to change name is a part of right to freedom of speech and expression, court observed that an inaccuracy or denial of change could be fatal to a student’s future prospects and all these concerns cannot be brushed aside in the name of administrative exigencies. It further made directions to CBSE that it should come up with appropriate amendment in its bye-laws inasmuch as insistence in the change to be brought in school records is not necessary and CBSE may impose additional conditions like submitting original certificate to avoid its misuse, sworn affidavit, disclaimer in new certificate, etc.

The above video is only for information purposes and cannot be substituted for any legal advice in the concrete form. The viewer is informed hereby to exercise caution and seek proper legal advice based upon their particular factual situation from a registered lawyer.

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