Today(on 15th April), Delhi High Court mandates correction of father’s name on CBSE marksheets in response to Pragati Shrivastav’s petition, emphasizing identity rights.
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DELHI: Today(on 15th April), The Delhi High Court emphasized the significance of the right to be identified by one’s name and as the child of their parents. The court addressed a petition filed by Pragati Shrivastav, who sought a change in her father’s name recorded on her CBSE (Central Board of School Education) marksheets for Classes 10 and 12. The court recognized that the name stated on the certificates did not correspond to the petitioner’s father’s name, as she had enrolled using her uncle’s name following her father’s passing.
Despite variations in the spelling of the petitioner’s father’s name in different public records, the court emphasized the need for a pragmatic approach rather than strict adherence to formalities in such cases.
Justice C Hari Shankar emphasized-
“The court should adopt a practical perspective, recognizing that a name is not just a label but a fundamental aspect of one’s identity. The right to be identified by one’s name and as the child of their accurately named parents is essential to an individual’s sense of self.” The court highlighted that legitimate requests for name corrections should be granted.
In verifying the petitioner’s father’s name, the court reviewed supplementary documents such as Aadhaar and domicile proofs. It acknowledged that when transcribing a name from a vernacular language to English, there could be variations in spelling.
The court emphasized that it should not overly focus on technicalities and reject correction requests based solely on minor differences in spelling, such as ‘Shrivastav’ and ‘Shrivastava.’ As a result, the court directed the CBSE to issue revised marksheets for Classes 10 and 12, displaying the correct name of the petitioner’s father.
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Because the name had small differences in different documents, the court told the petitioner to sign a paper for the CBSE, saying the right name and agreeing that the board wasn’t responsible. This shows that people have the important right to be known by their names, and it’s crucial to keep that identity.
The court’s decision is informed by the precedent set by the Supreme Court in the case of Jigya Yadav v. CBSE in 2021. In this case, the apex court underscored the essential nature of an individual’s name as a fundamental marker of identity and acknowledged the importance of being recognized by one’s name and as the offspring of parents with accurately stated names. The Delhi High Court aligned itself with this jurisprudence, emphasizing that a name constitutes a primal necessity and that legitimate petitions for name corrections should be granted.
In reviewing the petitioner’s case, the court examined several public documents. The petitioner’s birth certificate, recognized for its significant evidentiary value and presumption of accuracy under the Indian Evidence Act, indicated her father’s name as “Surendar Prasad Shrivastav.”
Despite minor spelling discrepancies between the birth certificate and other documents, such as the petitioner’s Aadhaar card and her mother’s domicile and ration card, the court found it difficult to question the accuracy of the petitioner’s father’s name being “Surendra Prasad Shrivastav.”
The court highlighted that when converting names from a regional language to English, variations in spelling are common. It noted that the name “श्रीवास्तव” could be transliterated as “Shrivastav,” “Shrivastava,” “Srivastav,” or “Srivastava.”
Rejecting the request for correction based on minor spelling differences would be excessively strict. Therefore, the court concluded that a comprehensive assessment, considering both Hindi and English versions of names across public documents and applying the principles established in the Jigya Yadav case, justified correcting the petitioner’s father’s name to “Surendra Prasad Shrivastav.”
As a result, the Delhi High Court ordered the CBSE to speedy issue new marksheets for Classes 10 and 12, displaying the corrected name of the petitioner’s father. The court directed the petitioner to submit the required affidavit and documents to the CBSE, along with the relevant fee, within one week of the order. The CBSE was given a deadline of four weeks to adhere to the court’s instructions.
The Delhi High Court emphasized the significance of the right to be identified by one’s name and as the child of their parents. The court addressed a petition filed by Pragati Shrivastav, who sought a change in her father’s name recorded on her CBSE (Central Board of School Education) marksheets for Classes 10 and 12. The court acknowledged that the name mentioned in the certificates did not match the petitioner’s father’s name, as she had registered using her uncle’s name due to her father’s demise.
Although there were some differences in how the petitioner’s father’s name was spelled in various official documents, the court stressed the importance of being practical rather than overly strict.
Justice C Hari Shankar explained-
“The court needs to be realistic in such situations, considering that a person’s name is crucial for their identity. The right to be identified by one’s name, and as the child of parents with accurately mentioned names, is fundamental to one’s identity.”
The court emphasized that genuine requests for name corrections should be accepted.
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The High Court meticulously considered various public documents, including the petitioner’s birth certificate, Aadhaar, domicile, and ration card, to establish the correct spelling of her father’s name. Despite minor discrepancies in transliteration from vernacular to English, the court maintained a flexible stance, understanding the common occurrence of such differences.
“The Court cannot be hyper-technical in such matters and start rejecting the prayer for correction merely because of a slight difference in spelling,”
-Justice Shankar stated, advocating for a more understanding and humane approach to the issue.
The court directed the CBSE to immediately issue new Class 10 and Class 12 marksheets with the corrected name of the petitioner’s father. The petitioner was advised to provide an affidavit confirming the correct name and to indemnify the board against any potential discrepancies.