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

Citation: [2021] 4 S.C.R. 1100 · Decided: 03-06-2021 · Supreme Court of India · Bench: A.M. KHANWILKAR · Disposal: Directions issued
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 4 S.C.R.
JIGYA YADAV (MINOR)
(THROUGH GUARDIAN/FATHER HARI SINGH)
v.
C.B.S.E. (CENTRAL BOARD OF
SECONDARY EDUCATION) & ORS.
(Civil Appeal No. 3905 of 2011)
JUNE 03, 2021
[A. M. KHANWILKAR, B. R. GAVAI AND
KRISHNA MURARI, JJ.]
Education/Educational Institutions: Central Board of
Secondary Education (CBSE) – Examination Byelaws of the Board,
if having the force of law – Held: The CBSE Examination Byelaws
are couched in the form of a code – They provide for all essential
aspects relating to formal education of a student including
admission, examination, migration, transfer, curriculum, fee for
various services, issuance of verified certificates, modifications in
certificates etc. – The Byelaws, therefore, bind the parties and are
duly enforceable in a court of law, even by way of writ remedies  –
The Byelaws of the Board have the force of law and must be regarded
as such for all legal purposes – It would serve no meaningful
purpose to hold these authoritative set of rules originating from an
instrumentality of the State as mere contractual terms despite there
being overwhelming public interest in their just application –
Arguendo, the Examination Byelaws are not “law” under Art.13, it
would not affect the power of the Court to scrutinize them in reference
to Part-III of the Constitution of India as CBSE is “State” within the
meaning of Art.12 and all its actions are consequently subject to
Part-III – Constitution of India – Part III – Arts. 12 and 13 – Central
Board of Secondary Education (CBSE) Examination Byelaws of
2007.
Education/Educational Institutions: Central Board of
Secondary Education (CBSE) – Correction/change in certificates
issued by the Board – Scope of permissible corrections/ changes –
The CBSE Examination Byelaws restrict, both qualitatively and
quantitatively, the corrections/changes that can be carried out in
the certificates issued by the Board – Test of rationality – Whether
[2021] 4 S.C.R. 1100
1100
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Examination Byelaws of CBSE / Board impose reasonable
restrictions – Held: The identity of an individual is one of the most
closely guarded areas of the constitutional scheme in India – Name
can be regarded as one of the foremost indicators of identity – Going
by the very nature of rights under Article 19, the right to get changed
name recorded in the official (public) records cannot be an absolute
right and as a matter of public policy and larger public interest
calls for certain reasonable restrictions to observe consistency and
obviate confusion and deceptive attempt – On facts, the Byelaws
permit change of name only if permission from the Court has been
obtained prior to the publication of result – The provision is
problematic on certain counts – There can be numerous
circumstances wherein change of name could be a legitimate
requirement and keeping the ultimate goal of preserving the standard
of education in mind, the Board must provide for a reasonable
opportunity to effect such changes – Balance of convenience would
tilt in favour of students for, they stand to lose more due to
inaccuracies in their certificates than the Board whose sole worry
is increasing administrative burden – CBSE maintains its official
records in respect of candidates on the basis of foundational
documents being the school records – Therefore, CBSE is obliged
to carry out all necessary corrections to ensure that CBSE certificate
is consistent with the relevant information furnished in the school
records as it existed at the relevant time and future changes thereto
including after the publication of results by the CBSE – However,
when it comes to recording any information in the original certificate
issued by the CBSE which is not consistent with the school records,
it is essential that the CBSE must insist for supporting public
document which has presumptive value and in the given case
declaration by a Court of law to incorporate such a change – In
that regard, the CBSE can insist for additional conditions to reassure
itself and safeguard its interest against any claim by a third party/
body because of changes incorporated by it pursuant to application
made by the candidate – Central Board of Secondary Education
(CBSE) Examination Byelaws of 2007 – Constitution of India –
Art.19.
Education/Educational Institutions: Central Board of
Secondary Education (CBSE) – Correction/change in certificates
issued by the Board – Whether the CBSE / Board is obliged to
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