The main legal point established is the right of individuals to have their true identity reflected in their certificates, the presumption of correctness in public documents, and the obligation of the CBSE to entertain requests for changes consistent with public documents.

JUDGMENT

Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)--By way of the present petition, the petitioner is seeking change of her father's name in the Central Board of Secondary Education (hereinafter referred to as CBSE) records and certificates/marksheet issued for Class X and Class XII Board Exams from her Stepfather's name to the name of her Biological father.

2. The petitioner had earlier made a representation through her mother to the School Authority (respondent No.2 herein), which had further requested the CBSE i.e. the respondent No.1 herein to consider the request of the mother of the petitioner for change of father's name in the CBSE records. It is submitted that the representation for change of name was made even before conduct of Class X examinations, however, till date, the respondent No.1 has not considered the representation of the school.

3. It is the case on behalf of the petitioner that her biological father is Dr. Mayank Bansal. His name is reflected in the birth certificate of the petitioner issued by the Government of Uttar Pradesh and also in her passport.

4. It is submitted that since the parents of the petitioner had separated and her mother had re-married, the name of the step father came to be reflected in her certificates issued by the CBSE for Class X & XII. However, now it is the prayer on behalf of the petitioner that since in the other public documents namely the birth certificate and the passport, the name of her biological father is reflected, in order to protect her identity and in order to ensure that there is uniformity in the name of the father as reflected in the various documents, name of her biological father be reflected in the CBSE certificates, instead of the name of her step father.

5. At the outset, learned counsel appearing for the respondent No.2-School submits that the School has no objection, if the CBSE carries out the requisite changes in the certificates issued to the petitioner herein.

6. Learned counsel appearing for the respondent No.1 raises objection to the fact that the birth certificate as submitted by the petitioner is not in terms of Section 13 of the Birth and Death Registration Act, 1969. As per learned counsel appearing for respondent No.1, the birth certificate has to be issued within one month of the birth of the child or maximum within one year with the prior permission of the MM concerned. Thus, he submits that in the present case, the birth certificate as attached by the petitioner pertains to the year 2009, whereas, the date of birth of the petitioner is of the year 2002. Thus, he submits that the birth certificate as filed by the petitioner cannot be relied upon.

7. Learned counsel appearing for the respondent No.1 has drawn the attention of this Court to paragraph 172 of the said judgment in the case of Jigya Yadav (Minor) Through Guardian/Father Hari Singh) Vs. C.B.S.E. (Central Board of Secondary Education) & Ors., (2021) 7 SCC 535, to contend that the question of genuineness of the public documents including its contents have to be adjudicated, before the Court of law permits the desired changes.

8. This Court has heard the submissions on behalf of the parties and perused the record.

9. It is seen from the documents on record that name of Biological father of the petitioner, i.e., Dr. Mayank Bansal, is reflected on the birth certificate as well as passport of the petitioner. The petitioner now wants rectification in her Class X & XII certificates, in order, that the name of her biological father is reflected in the said certificates, instead of her step father.

10. Every child has a right to have the identity, which reflects their true character and identification. Thus, the request of the petitioner that the name of her biological father be reflected in the Class X & XII certificates cannot be considered as unjustified. The petitioner has full right to have the name of her biological father reflected in her CBSE certificates, especia