The Madras High Court has clarified that the Central Board of Secondary Education (CBSE) can make changes to the names of students and their parents in the Class X and XII mark statements after obtaining affidavits of indemnity against the use of new certificates for impersonation to escape from any civil or criminal activity. First Division Bench of Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad provided the clarification while disposing of a writ appeal preferred by the CBSE against a single judge’s order to change the name of a student’s father as Shaik Fazul Rahiman instead of Fazal Rehmaan in his Class X mark statement
‘CBSE can make changes to names in mark statements’
Legal CorrespondentCHENNAI 08 DECEMBER 2019 00:27 ISTUPDATED: 08 DECEMBER 2019 00:27 IST
Board can obtain indemnity affidavits beforehand: HC
The Madras High Court has clarified that the Central Board of Secondary Education (CBSE) can make changes to the names of students and their parents in the Class X and XII mark statements after obtaining affidavits of indemnity against the use of new certificates for impersonation to escape from any civil or criminal activity.
First Division Bench of Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad provided the clarification while disposing of a writ appeal preferred by the CBSE against a single judge’s order to change the name of a student’s father as Shaik Fazul Rahiman instead of Fazal Rehmaan in his Class X mark statement. “On the other hand, we find that if correction has been genuinely and bona fide sought and no prejudice is caused, then in that event the conclusion arrived at by the learned single judge cannot be said to suffer from any infirmity. We dispose of the appeal with the said observations and without interfering with the directions of the learned single judge,” the Bench said.
The appeal had been preferred against the order passed by Justice Pushpa Sathyanarayana on April 25 this year. The judge had set aside an order passed by the CBSE on January 1 refusing to make changes to the name of the student’s father and said that adding of the word “Shaik” would not cause any prejudice or loss to the board. A few other judges of the court had passed similar orders. Justice G. Jayachandran in August held that those who get their names changed by issuing newspaper advertisements and recording the same in the government gazette were entitled to get the change reflected in their old mark statements issued by the CBSE. The judge was of the view that refusal by the 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.
That 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.The Madras High Court has clarified that the Central Board of Secondary Education (CBSE) can make changes to the names of students and their parents in the Class X and XII mark statements after obtaining affidavits of indemnity against the use of new certificates for impersonation to escape from any civil or criminal activity.
First Division Bench of Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad provided the clarification while disposing of a writ appeal preferred by the CBSE against a single judge’s order to change the name of a student’s father as Shaik Fazul Rahiman instead of Fazal Rehmaan in his Class X mark statement
‘CBSE can make changes to names in mark statements’
Legal CorrespondentCHENNAI 08 DECEMBER 2019 00:27 ISTUPDATED: 08 DECEMBER 2019 00:27 IST
Board can obtain indemnity affidavits beforehand: HC
The Madras High Court has clarified that the Central Board of Secondary Education (CBSE) can make changes to the names of students and their parents in the Class X and XII mark statements after obtaining affidavits of indemnity against the use of new certificates for impersonation to escape from any civil or criminal activity.
First Division Bench of Chief Justice Amreshwar Pratap Sahi and Justice Subramonium Prasad provided the clarification while disposing of a writ appeal preferred by the CBSE against a single judge’s order to change the name of a student’s father as Shaik Fazul Rahiman instead of Fazal Rehmaan in his Class X mark statement. “On the other hand, we find that if correction has been genuinely and bona fide sought and no prejudice is caused, then in that event the conclusion arrived at by the learned single judge cannot be said to suffer from any infirmity. We dispose of the appeal with the said observations and without interfering with the directions of the learned single judge,” the Bench said.
The appeal had been preferred against the order passed by Justice Pushpa Sathyanarayana on April 25 this year. The judge had set aside an order passed by the CBSE on January 1 refusing to make changes to the name of the student’s father and said that adding of the word “Shaik” would not cause any prejudice or loss to the board. A few other judges of the court had passed similar orders. Justice G. Jayachandran in August held that those who get their names changed by issuing newspaper advertisements and recording the same in the government gazette were entitled to get the change reflected in their old mark statements issued by the CBSE. The judge was of the view that refusal by the 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.
That 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.
