In an prominent judgment on name ordained identity of individuals, the Supreme Court on Thursday conferred that the CBSE can’t impose a blanket ban on effecting changes in the names of students, parents and other particulars in the certificates or mark sheets after declaration of results of board examinations.
This judgment was delivered by a bench of Justices A M Khanwilkar,
B R Gavai and Krishna Murari on 22 petitions relating to correction/change in name/surname or date of birth of candidates or their parents in the CBSE certificates.
Various High Courts had given conflicting rulings on this issue – some permitting effecting of the changes while others refusing.
There could be several bona fide reasons for which an individual needs a new name. CBSE should facilitate the process, rather than being cussed about it.
The SC has rightly made them see the light.Writing the 132-page judgment, Justice Khanwilkar said that the right to change name is a constituent element of freedom of expression of identity.
Afterall, in the social sphere, an individual is not only recognized by how an individual identifies oneself but also by how his/her official records identify him/her.
For, in every public transaction of an individual, official records introduce the person by his/her name and other relevant particulars.”
The bench termed the CBSE certificates as an important public document often relied for establishing one’s identity and directed the Board to take immediate steps to amend its bye-laws to allow candidates to change their or parents’ names in the certificate even after declaration of results.
The SC said, “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.”
Author-Ajay raj singh chauhan