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The High Court of Delhi had allowed relief for homeless and orphan children for change of their names in Board Certificates. The court had also directed the CBSE that their examination bye-laws cannot be included for children who do not have regular parents. The cause of action of the case arose when the petitioners of the case had filed a Writ Petition, who belonged to a Childcare Home and were receiving education from the Central Board of Secondary Education affiliated schools. While getting their admissions, the persons had used their Childcare Home as their surnames which they were wanting to change it. The persons had also passed their Board Examinations and wanted to have their true identities by removing the given surnames to them. But the said persons were denied with the change as they did not comply with the norms mentioned in the Examination Bye-Law, 1955 held the counsel for respondent. He contended that the young persons who opted for change of their surnames must have approach as per the provision of 69.1 (i) and (ii) of the said rules. The counsel contended that the provision had mentioned a prescribed time limit for which to apply for name change after the Board Examination results, but then the petitioners had not complied with the provisions. The court on hearing the contentions made by the counsel, it criticised the stance made by the CBSE. The Single Bench of Justice Rajiv Shakdher held that “This apart the stand of the CBSE is both pedantic and, to say the least, prosaic. A little imagination, zeal, and proactiveness by the concerned officials of the CBSE would have led them to the provisions of The United Nations Convention on the Rights of the Child and helped them find an answer to the present quandary.” The court keeping the background of the petitioners in mind directed that the persons are entitled for name change and these persons will not be considered under the CBSE Examination Bye-Laws, 1955. The court specified that the laws shall be considered for children who are brought up under regular parental guidance. The bench also took the Articles 7 & 8 of Child Rights Convention. The provisions explain that every child has the right to bear a name and preserve his/her identity. Thus, the court had directed the Board to issue fresh Xth and XIIth Grade Certificates and Marks Sheet to all the persons within three weeks of receiving the request.
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