Is It Mandatory To Update The Name In Education Documents After A Gazette Publication, Most common question for change name in Marksheets after Gazette.

A very common question about name change was that the name can be changed through gazette publication and the name can also be changed in the identity documents based on the copy of the gazette, but the name cannot be changed in the education documents because every board has its own bylaws in this regard and they allow some correction in the name only within a certain period after the examination and do not change the name in the mark sheet later.

However, there is a relief in this that when we change our name, it is necessary to change the name only in our identity documents after the gazette publication and it is not mandatory to change the name in the education documents. But everyone would want his name to be the same in every document.

For this I used to suggest that if someone wants to change the name in his education documents also, then he should file a case in the civil court so that the name can be changed in the education documents also after the court order. Although different High Courts have different views on this point, but on 03-06-2021, the Supreme Court gave a very important decision in this regard, about which we are going to tell you.

The Supreme Court had heard 22 such petitions together. If you want, you can read the title note of the case given below. The decision is in 132 pages, but we will see it in summary only. If you want to read the full decision, you can also read it by downloading a copy by google.

The basic question before the Supreme Court in all the 22 petitions was whether the provision regarding the time limit for name correction in the bylaws of the CBSE Board is constitutional or not. On the one hand, the situation was that the effect of the bylaws is the same as the effect of the law, but at the same time it was also believed that these bylaws violate our fundamental right given in Article 19.

Since each one of us has the freedom of our identity and anyone has the full right to decide by what name he wants to be known, then is the restriction imposed on our fundamental right by these bye-laws of CBSE correct?

The board’s argument in this regard was that if no limit is kept for name correction in the mark sheet, then there will be possibilities of misuse of this provision and secondly, if the responsibility of name change is put on the board, then its administrative work will increase significantly, but the Supreme Court accepted that a right cannot be restricted only on the basis of possibility of misuse or increase in the work of the board.

The Supreme Court had said that the bye-laws of the board were made keeping in mind that when the student gets the mark sheet and there is any correction in the name in it, then the correction can be done within a time limit. The bye-laws did not take into account the fact that in future there may be a need to change the name due to some legal reasons and the board did not make any provision in this regard.

While this should have been done so that the name of the same person can be the same in different certificates. Secondly, the tenth certificate is the basis for all subsequent certificates of a student in our country, so it is a very important document.

This certificate is also a public record whose effect is binding. If a person presents a copy of the public record somewhere, it is considered correct. Therefore, there should be a provision for name change. After considering all these things, the instructions given by the Supreme Court to the board are very important.

The Supreme Court had said that there can be mainly two types of situations related to changing the details of the mark sheet or certificate. First, the details given in the certificate do not match the school records such as one’s own name, parents’ name, date of birth etc. – and second, a person has changed his name later.

So in the first situation when a candidate applies, the board will take a decision on the basis of any public document like birth certificate, Aadhaar card, voter card etc. and after taking the affidavit of the candidate, will keep the original certificate with itself and issue a new certificate after taking a fee- In the second situation where a person has changed his name later.

The board will be able to make changes in the certificate on the basis of two things- the first of these is a copy of the gazette publication and the second is permission or declaration by a competent court. In this situation also the candidate will have to submit his original certificate, in exchange of which a new certificate will be issued after taking the prescribed fee.

Before changing the name, the biggest concern of most people is that if they change their name, will their name change in their education documents as well and is it mandatory to change the name in education documents?

What To Do If Your Board Or University Refuses To Change Your Name on Mark Sheet.

What will happen if the board or university refuses to change the name in your mark sheet, so there is no need to panic in this situation, even if the name has not changed in the old mark sheet, you can submit the old mark sheet anywhere by attaching the copy of graduation, it is completely invalid and if you have to take admission in a new degree or course after the official name change, then you can take admission in the new name by submitting the copy of the judgment along with the application document with your old name.