Jigya Yadav (Minor)(through Guardian/Father Hari Singh) Vs CBSE & Ors (Supreme Court)

Court: Supreme Court
Head Notes:

*Jigya Yadav Vs CBSE & Ors*
*Forum- Supreme Court *
*Date-3rd June 2021*
*Sub-Whether restriction by CBSE to make changes in the name/father’s name and date of birth etc can be said to be reasonable *

*What’s in a name? that which we call a rose by any other name would smell as sweet”, said Juliet*. This quote from William Shakespeare’s “Romeo and Juliet” is unarguably one of the most iconic dialogues in classical literature. It conveys that the natural characteristics of an individual are more important than his/her artificial/acquired characteristics.

The apex court today pronounced an important judgement where in a bunch of appeals from various high courts, the question before the Hon’ble Apex Court was *whether CBSE’s could impose restrictions on change of birthdate, change of name, change of father’s name etc in the certificate issued by it.

**The court in a detailed judgement linked the identity of an individual with fundamental rights guaranteed under the constitution of India and also noted that the identity details in Aadhar and Passport was allowed to be changed and as such CBSE cannot be permitted to deny the same. The Board must afford opportunity to the students to modify it subject to complying with requisite formalities which are reasonable in nature. If all other State agencies could allow it for the preservance of consistency and accuracy, alongside being enablers in free exercise of rights by the citizens, there is no reason for the CBSE to not uphold that right of the students. More so, it would be in the interest of CBSE’s own credibility that their records are regarded as accurate and latest records of a student worthy of being relied upon for official purposes. Therefore, this approach would serve twin purposes – enabling free exercise of rights and preservance of accuracy.

Finally the court held that CBSE Should make corrections based on the School records may be made with a reasonable period of limitation may be provided and can ask for affidavit and indemnity from any claim by third party. Also the corrections to be made in the certificate of CBSE Which are not backed by school records may be made, the court laid down guidelines based on the public documents and other formalities.

This judgement will be help ful to all the students who face difficulty in getting changes incorporated in the CBSE Certificates.

Ramesh Patodia
03–06-2021

Law:
Section(s): Regulations of CBSE regarding change in personal details of Students
Counsel(s): Counsels
Dowload Pdf File Click here to download the file in pdf format
Uploaded By CA Ramesh Patodia
Date of upload: June 3, 2021

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