A.M.KHANWILKAR, B.R.GAVAI, KRISHNA MURARI
JIGYA YADAV (MINOR) (THROUGH GUARDIAN/FATHER HARI SINGH – Appellant
Versus
C. B. S. E. (CENTRAL BOARD OF SECONDARY EDUCATION) – Respondent
Adoption is a legal process through which a person assumes the legal rights and responsibilities of a parent for a child who is not biologically their own. In the context of the principles discussed in the provided document, it is important to recognize that adoption results in a legal change in the identity and relationship of the child, which is typically recorded in official records and certificates.
The process of adoption involves formal legal procedures, including court approval and compliance with relevant laws and regulations, which establish the adoptive parent’s legal rights and the child's new legal identity. Once an adoption is legally recognized, the child's original legal identity, including their birth details, may be legally superseded or amended to reflect the adoptive relationship. This change is often reflected in official documents and certificates, which are considered authoritative and carry presumption of correctness (!) .
In relation to the correction or alteration of official records, including certificates issued by bodies such as the CBSE, the principles indicate that such records are foundational and carry a presumption of genuineness. Changes to these records, including those resulting from adoption, should be made following due legal procedures, including court orders or statutory provisions, and with appropriate verification of documents (!) (!) .
Furthermore, the rights of an individual to have their identity recognized and recorded accurately are protected under constitutional rights, including the right to privacy and personal identity. Any change in identity, such as through adoption, must be acknowledged and recorded in a manner that preserves the individual's dignity and legal rights, subject to reasonable restrictions and procedural safeguards to prevent misuse or confusion (!) (!) .
In summary, adoption leads to a legal change in identity that should be formally recorded through appropriate legal channels, respecting the presumption of correctness of official documents, and ensuring the individual's rights to identity and recognition are upheld in accordance with constitutional principles and procedural safeguards.
JUDGMENT :
A.M. Khanwilkar, J.
"What's in a name? that which we call a rose by any other name would smell as sweet", said Juliet. This quote from William Shakespeare's "Romeo and Juliet" is unarguably one of the most iconic dialogues in classical literature. It conveys that the natural characteristics of an individual are more important than his/her artificial/acquired characteristics. A poetic statement as it certainly is, it does not go in tune with the significance of a name in marking the identity of an individual in his/her societal transactions. To put it differently, name is an intrinsic element of identity.
2. The seminal issue in these cases is: whether an individual's control over such cardinal element of identity could be denied to him/her by the Central Board of Secondary Education[1] [for short, "CBSE" or "Board", as the case may be] on the specious ground that its Examination Byelaws of 2007 [2] [for short, "Byelaws"] must prevail over the claim of the candidate, which are merely intended to regulate such a claim and to delineate the procedure for correction/change i
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