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In a recent case, while enabling a child's right to education, the Delhi High Court ordered the education body to accommodate the demand of Petitioners to claim their actual identities on their school certificate.
The single Bench of Justice Rajiv Shakdher criticised CBSE for the stance taken by it in the present matter.
The writ petition was filed by a group of young persons, who are orphans and were assisted by a Childcare Home in receiving standard education from CBSE schools.
The facts of the above said case are as follows:
(i) While getting the admissions, the Petitioners inadvertently used the name of the Childcare Home, that is 'Udayan' as their surnames.
(ii) However, once they passed their board examinations and gained maturity, they approached CBSE for getting their surnames changed in school certificates and for the same to reflect their actual identities.
(iii) When they were denied this relief, they approached the Delhi High Court asking it to direct CBSE to issue them fresh certificates with their actual surnames.
During the proceedings, while appearing for the CBSE, Mr Atul Kumar argued that change and/or correction in name of a candidate can be brought about only in terms of bye-law 69.1 (i) and (ii) of the Examination Bye-Law of 1995.
The said provision says:
The request for change in name can only be made within a period of one year commencing from the date of declaration of the result.
Since the request of the Petitioners was moved after the said period, the same could not be entertained.
The court noted the facts of the above case as an 'unfamiliar terrain' as the CBSE's Examination bye-laws did not factor in a situation where the change in name is sought by an abandoned or an orphaned child. Further, the Examination bye-laws seem to cater to only those children who are born and raised in regular homes.
Also, the court highlighted that the CBSE could've just taken recourse to Articles 7 and 8 of Child Rights Convention which says that every child has a right to bear a name and via her or his name preserve her or his identity and individuality.
In light of the said Articles of CRC and the parens patriae principle, the court noted that the CBSE could have accorded the necessary relief to the Petitioners given the fact that cases involving abandoned or orphaned children are not dealt with under the Examination bye-laws.
The court observed that the petitioners are entitled to reclaim their individuality and identity by insisting on inclusion in their grade-X and grade-XII certificates, the name by which they wish to be known.
Hence, CBSE was directed to issue fresh grade-X and grade-XII certificates, and mark sheets to the Petitioners within a period of 3 weeks of receiving the request.
In conclusion, the High Court of Delhi directed the Central Board of Secondary Education (C.B.S.E.) to accommodate the special needs of orphans and homeless children in its Examination Bye-Laws.
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