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Supreme Court of India 2021-06-03

JIGYA YADAV (MINOR) (THROUGH GUARDIAN/FATHER HARI SINGH) vs C.B.S.E. (CENTRAL BOARD OF SECONDARY EDUCATION) & ORS

Bench: 3 — A.M. Khanwilkar, B.R. Gavai, Krishna Murari

In Brief

The Supreme Court held that the Central Board of Secondary Education (CBSE), though a registered society, is a public authority subject to constitutional scrutiny. Its Examination Byelaws have the force of law but an embargo on name changes after result publication is unreasonable and violates fundamental rights to identity and freedom of expression under Articles 19 and 21. The Court directed CBSE to process applications for corrections to bring certificates into conformity with school records, and for changes based on public documents like birth certificates, subject to reasonable conditions including sworn affidavits, prescribed fees, and annotations on fresh certificates. The applicable Byelaws are determined at the time of result declaration, not application. Fresh certificates must retain original entries with captions showing the date and basis of change.",

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