The Supreme Court on Thursday found a Central Board of Secondary Education (CBSE) rule that prohibited students from changing or correcting their names on Board certificates, based on a presumption that it would affect “administrative efficiency”, far-removed from social realities and even “absurd”.
The court said the CBSE’s examination bylaws of 2007 made it look as if the Board was more concerned about administrative paperwork than the future prospects of its students, who use their certificates as a public document to go for higher studies and gain employment.
“Students stand to lose more due to inaccuracies in their certificates than the Board, whose sole worry is increasing administrative burden… Administrative efficiency cannot be the sole concern of CBSE. Every institution desires efficiency in their functioning. But it does not mean that efficiency is achieved by curbing their basic functions… One of the primary functions of CBSE is to grant certificates to its students,” a three-judge Bench led by Justice A.M. Khanwilkar observed in a 132-page judgment.
Right to be forgotten
On the other hand, the court illustrated how a juvenile accused of being in conflict with the law or a sexual abuse victim whose identity is compromised due to lapses by the media or the investigative body may consider changing the name to seek rehabilitation in the society in exercise of their right to be forgotten. “If the Board, in such a case, refuses to change the name, the student would be compelled to live with the scars of the past,” Justice Khanwilkar highlighted.
The court ordered the CBSE to take “immediate steps” to amend the by-laws and incorporate a mechanism outlined in the judgment “for recording correction or change, as the case may be, in the certificates already issued or to be issued by it”. The court said one’s name is an intrinsic element of identity. The right to change our name is part of the right to freedom of speech and expression.
“Identity is an amalgam of various internal and external [factors], including acquired characteristics of an individual. A name can be regarded as one of the foremost indicators of identity,” Justice Khanwilkar, who authored the 132-page judgment, observed. The other judges on the Bench were Justices B.R. Gavai and Krishna Murari.
The court said the seminal question in the case was whether the CBSE’s quest for administrative efficiency could deny a student “full control of her own identity”.
“An individual must be in complete control of her name. The law must enable her to retain as well as exercise such control freely for all times. Such control would inevitably include the aspiration of an individual to be recognised by a different name for a just cause… For instance, ‘gender’ is an evolving concept which could warrant changes in identity documents,” Justice Khanwilkar reasoned.
To use “administrative efficiency” as a ground to make it practically impossible for a student to alter her identity in the Board certificates, no matter how urgent and important it is, would be “highly disproportionate” and cannot be termed a reasonable restriction on the right to change one’s name.
Proper balance
“Reasonableness” would demand a proper balance between a student’s right to be identified in the official records in a manner of her choice, and the Board’s argument of administrative efficiency, the court said, allowing students to apply for correction or change in their names on the certificates within a reasonable period.
Noting that the CBSE was a ‘State’ in the Constitution due its public function, the court said State instrumentalities should play the role of enablers in the exercise of citizens’ rights. This includes correction of their records owing to purely personal choices.
“CBSE certificates are public records of the Board and they carry a presumption of genuineness which must be respected by preserving the accuracy of such certificates… It would be contrary to the objectives of CBSE if it refuses to correct its documents despite having verified the genuineness of the supporting public documents (like Aadhar card, Passport, Birth Certificate etc.) and continues to perpetuate the obvious errors in the school records,” the court observed.
