CBSE can’t refuse to change names after declaring results: Supreme Court

What is the News?

The Supreme Court has directed the Central Board of Secondary Education (CBSE) to allow changes in name or date of birth in school certificates issued by it even after the publication of results.

What is the issue?
  • A petition was filed in the Supreme Court challenging the CBSE’s Examination Bye-Laws of 2007. The law prohibited students from changing or correcting their names on Board certificates.
What did the Supreme Court say?
    • The Supreme Court said that the Right to Change Name is part of the Right to Freedom of Speech and Expression subject to reasonable restrictions.
    • Hence, the court directed the CBSE to allow students to change their name on the Board certificates issued by them.
    • The CBSC argued that it is denying students to change their name on certificates as it would affect their administrative efficiency. But, the court said that these certificates are used by students to go for higher studies and gain employment. So the presumption of CBSE on administrative efficiency is wrong.
    • The Supreme court also held that the decision of CBSE is in violation of the Right to be forgotten. As the CBSE decision of refusing to change the name forces the student to live with the scars of the past.
What is the Right to be forgotten?

The right to be forgotten (RTBF) is the right to have private information about a person be removed from Internet searches and other directories under some circumstances. For example,

  • If there is a juvenile accused of being in conflict with the law or is a sexual abuse victim. But his identity is leaked due to lapses by the media or the investigative body.
  • The juvenile may consider changing the name to seek rehabilitation in the society in the exercise of his right to be forgotten.

Source: The Hindu

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