CBSE cannot refuse to effect name change in marksheets: HC

 thehindu.com  08/15/2019 19:52:35 

The Madras High Court has held that those who get their names changed by issuing newspaper advertisements and recording the same in the government gazette are entitled to get the change reflected in their old mark statements issued by authorities such as the Central Board of Secondary Education (CBSE).

Justice G. Jayachandran was of the view that refusal by CBSE to incorporate the change of names in the mark statements might lead to confusion in identifying the individuals concerned since one set of their documents would be carrying the new name whereas others might have the old names imprinted on them.

The order was passed while allowing a writ petition filed by Raana Cariappa Kalianda, represented by his father Kalianda Chengappa Poovaiah, who had challenged a communication received by him from the CBSE on May 10 refusing to make changes to his old name Kalianda Ved Cariappa found in the Class X mark statement.

CBSE had rejected his request on the ground that a government gazette notification issued on December 19, 2018, stated that Kalianda Ved Cariappa shall henceforth be called as Raana Cariappa Kalianda and therefore no change could be made to his Class X mark statement issued before the date of the notification.

Prospective effect

In other words, it was the boards contention that the change of name would have only prospective and not retrospective effect.

However, the judge rejected the argument by observing that it would go against the intention of the law which grants liberty a person to change his/her name by following due procedures of law.

Unless and until, the petitioners educational certificate also carries the present name, there will be confusion in the identity of the person and it will be misleading. Once a person opts to change his name and carries out the necessary change by publication in the government gazette, the said change should be uniformly carried out in all the documents, the judge said.

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