The Delhi High Court has sought CBSE's response as to why it has not issued fresh certificates to a girl, who has changed her name and already been been issued a passport, PAN card and Aadhaar having her new name.
Justice V Kameswar Rao issued notice to the Ministry of Human Resource Development and Central Board of Secondary Education (CBSE) seeking their replies by January 6, 2017 on the girl's plea.
In her petition, the girl challenged a June 23 order of CBSE as per which her request for issuance of new certificates of class X and XII with her changed name was rejected.
She has also challenged a June 2015 amendment by CBSE in its examination bye-laws as per which changes in name or surname of candidates may be considered, provided the changes have been admitted by the court of law and are notified in the Government Gazette before the publication of the result of the candidate.
In her petition, filed through advocates Satya Ranjan Swain and Akash Vajpai, the girl said she was interested in pursuing further studies abroad and has to submit her class X and XII certificates while applying for scholarships at the time of admission.
"But the certificates have her old name. So, petitioner applied to CBSE for name change and for issuance of fresh certificates in her new name," the petition said.
The girl, in her plea, has contended that "Right to life includes right to have a name, the right to change his/her name and most importantly the right to have a name of his/her choice".
The petition has also claimed that the amendment was "contrary to the equality clause" in the Constitution.
"The amendment creates two classes of citizen viz. A set of citizens whose change in name have been specifically admitted by the court of law and notified in the Government Gazette before the declaration/publication of the concerned examination result and those whose names have not been changed or admitted by the court before the declaration/ publication of the concerned examination result," it has said.
It has further said that prior to amendment, 10 years time limit was there for making necessary changes in name of a candidate.
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