CBSE Byelaws Existing On Date Of Results Declaration Will Apply For Certificate Correction : Supreme Court

CBSE Byelaws Existing On Date Of Results Declaration Will Apply For Certificate Correction : Supreme Court: The Supreme Court has clarified that the byelaws of the Central Board of Secondary Education(CBSE

Individual's identity cannot be controlled by CBSE: SC

https://www.hindustantimes.com/education/news/individuals-identity-cannot-be-controlled-by-cbse-sc-101622794287281.html

Individual's identity cannot be controlled by CBSE: SC

Giving full expression to an individual’s aspiration to be recognized by a different name, the Supreme Court on Thursday permitted changes to be carried out in school certificates issued by the Central Board of Secondary Education (CBSE), thus ending a 14-year-old rule used by the Board to deny any change in name or date of birth particulars after publication of result.

By Abraham Thomas

PUBLISHED ON JUN 04, 2021 01:45 PM IST

Giving full expression to an individual’s aspiration to be recognized by a different name, the Supreme Court on Thursday permitted changes to be carried out in school certificates issued by the Central Board of Secondary Education (CBSE), thus ending a 14-year-old rule used by the Board to deny any change in name or date of birth particulars after publication of result.

Under challenge was the CBSE’s Examination Byelaws of 2007 that was harsh on students as it did not entertain any request for correction or change in name or date of birth of candidate, name of parent(s). Later, the byelaws underwent amendments in subsequent years by which such change was permitted "before publication of result" provided there was a court order or gazette notification.

A three-judge bench of the Supreme Court found this condition as “arbitrary” and “unreasonable” and carved out two categories of requests – first requiring correction or change in name or parent(s) name or date of birth based on public documents and second, where change of name, parent(s) name or date of birth is not backed by any document and is purely based on choice of a person to be known by a different name.

In cases where the correction or change is supported by a public document such as Aadhaar card, or Birth Certificate or Election I-card, the bench of Justices AM Khanwilkar, BR Gavai and Krishna Murari held that even after publication of result by CBSE, a student or one who has passed out school will be allowed to apply within a reasonable time.

Where the request for change of name is not backed by public documents, the Court held that the same could be considered by the Board on production of a permission or declaration by a court of law or publication in the Official Gazette.

Giving elaborate reasons for coming to this conclusion, the bench in its 132-page judgment observed, “An individual must be in complete control of his/her name and law must enable (him/her) to retain as well as to exercise such control freely for all times. Such control would inevitably include the aspiration of an individual to be recognized by a different name for a just cause.”

Asking the CBSE to amend its Byelaws in line with this judgment, the bench allowed the Board to prescribe conditions for issue of fresh certificate. This would include setting a limitation period for entertaining requests, an affidavit from applicant declaring the change and indemnifying the Board from any claims by third party, and fees for necessary administrative expenses. In the first category of cases, the Court allowed Board to even insist on a public notice or gazette notification even when the change of name is backed by a publci document.

The Board had argued that allowing name change would be open for misuse. The bench held that “possibility of abuse cannot be used to deny legitimate rights to citizens.” As a safeguard, the Court noted that Byelaws allowed CBSE to put a caption/annotation mentioning the original details and date of carrying out the change. But the Court made an exception with regard to change or correction of name in line with the exercise of an individual’s right to be forgotten.

The Court illustrated its point using the example of a juvenile accused in a crime or a victim of sexual abuse who applied for change of name in school records. “If the Board, in such a case, refuses to change the name, the student would be compelled to live with the scars of the past.”

At a time when a citizen can update or change personal details entered in Aadhaar Card or Passport, the bench wondered what stopped the Board from permitting this right to the students. “In fact it would be against the human dignity of the student,” the bench observed. Moreover, by allowing an opportunity for students to update their personal details on school certificates, it would help the Board maintain accuracy of its documents as well.

The bench said, “The obligation of Board to take additional administrative burden is no doubt onerous but the propensity of a student losing career opportunities due to inaccurate certificate is unparalleled.”

The Court noted the social role played by the Board and the relevance of school records being the foundational proof for date of birth and a necessary document to get jobs and admission into courses. The bench was of the view that a Board cannot “arrogate to itself the power to impact identity of students” enrolled with it as the right to control one’s identity remains with the individual.

Advocate Rupesh Kumar, CBSE counsel in Supreme Court “This judgment will help in disposal of more than 2500 cases across country pending on this issue. The Supreme Court has appreciated the arguments of CBSE regarding sanctity of Examination Byelaws which were held by the High Courts to have no statutory backing and hence no force of law. Further the Court has also appreciated difficulties faced by CBSE to verify claims of students regarding correction of particulars in Class X certificate by observing that CBSE can insist for sworn affidavit making necessary declaration and to indemnify itself from any claim against it by third party because of such correction.”

Ishita Khandelwal, who secured a favourable order from Rajasthan High Court against CBSE for change of name of her mother said, “The judgment has settled the confusion and will help students like me who faced problems applying to foreign universities due to this reason. The CBSE refused to examine our requests for change of name despite having valid legal documents in support of the changed name.”

Despite protests and social media campaign by medical students, MUHS firm about conducting offline exams

Despite protests and social media campaign by medical students, MUHS firm about conducting offline exams

The university authorities said that these students are future doctors and they are expected to step up in emergency situations. Exams for second-year medical students are set to begin on June 10.

https://indianexpress.com/article/cities/pune/future-doctors-have-to-step-up-muhs-to-conduct-offline-exams-despite-protests-by-students-7343893/

Written by Alifiya Khan | Pune |

Updated: June 4, 2021 6:48:49 pmNavi Mumbai Municipal Corporation staff along with students from Terna Medical College donne PPE's and travel in a special bus to reach the door to door survey location in Juinagar , Navi Mumbai.(Express Photo by Amit Chakravarty)

For the last few weeks, medical students from the Maharashtra University of Health Sciences (MUHS) have been protesting against the decision of the university and state government to conduct written exams in the midst of the Covid-19 pandemic. Citing risk to life and fear of contracting the infection, the students have been running a sustained social media campaign and have even filed a case in the Bombay High Court, which is expected to come up for hearing soon.

However, the university authorities said that cancellation of offline exams is not an option since the students are future doctors and are expected to step up in an emergency situation. Exams for second-year medical students are expected to start from June 10.

Dr Nitin Karmalkar, acting vice-chancellor of MUHS, said he was aware of the students’ demands but it was not possible to accept them. “There was a meeting about 10 days ago chaired by Minister of Medical Education Amit Deshmukh, and attended by the director and secretary of the state Medical Education department, me and others. The ministry decided to go ahead with the exams. The comparison with the decision to cancel Class 12 and 10 exams, which students are doing, is unreasonable… these are medical students who will go on to be doctors, who are expected to handle emergency duties. This is an important and noble profession, we can’t conduct remote exams for these students. Since their number is small, we can ensure strict social distancing and complete Covid protocol while students come to examination centres,” he said.

Meanwhile, the students cited the example of Dr Rahul Pawar, a medical student at Maharashtra Institute of Medical Science and Research in Latur, who died recently. The student had started showing symptoms of Covid-19 infection a few days after completing his final examination in April.

“We are not scared of exams but we also have families. The university can conduct the exams one month after vaccinating all of us,” said a student from Ambejogai.

Many students have also been complaining about the strict lockdown situation in their districts, making it difficult for them to reach exam centres. Rohit Salunkhe, one of the students, tweeted, “My examination centre is 65 km away from where I live. Public and private transport is currently closed due to the lockdown. Please tell us how to reach the examination centre?”

Sumaiya Nadeem, another medical student, tweeted that her flight from Kolkata to Pune has been cancelled and she is now looking for another flight. She said she will also have to repeat her RT- PCR test, mandatory before boarding flights.

Asked about students who are stuck in other cities, Karmalkar said that they were not supposed to leave for their hometowns in the first place. “Our hostels and campus are safe places; students knew exams are approaching so they were supposed to be here. In any case, if students are facing difficulties due to transport and lockdown, they can approach us. I have personally not received any application so far in this regard,” he said.

All colleges and institutions imparting education in health sciences in Maharashtra are affiliated to the Maharashtra University of Health Sciences (MUHS), headquartered in Nashik. It offers undergraduate and postgraduate studies and research in modern medicine and Indian systems of medicine, including undergraduate degrees like Bachelor of Medicine, Bachelor of Surgery (MBBS), Bachelor of Ayurveda, Medicine and Surgery (BAMS), Bachelor of Homeopathic Medicine and Surgery (BHMS), Bachelor of Unani Medicine and Surgery (BUMS), as well as degrees in dental and nursing courses.

Decision on extension of lockdown today

Decision on extension of lockdown today

Stalin chairs a meeting of officials

05/06/2021

The Hindu 

Taking stock: Chief Minister M.K. Stalin reviewing the COVID situation at a meeting with officials in Chennai on Friday.

Special CorrespondentCHENNAI

The Tamil Nadu government will announce on Saturday whether or not the intense lockdown to contain the spread of COVID-19 in the State will be extended beyond the morning of June 7.

On Friday, Chief Minister M.K. Stalin chaired a meeting of officials to discuss the situation. An official said the decision would be announced formally on Saturday.

Chief Secretary V. Irai Anbu, Director-General of Police J.K. Tripathy, Finance Secretary S. Krishnan, Commissioner of Revenue Administration K. Phanindra Reddy, Revenue Secretary Kumar Jayant, Health Secretary J. Radhakrishnan, Commissioner of the Greater Chennai Corporation Gagandeep Singh Bedi and senior officials were present.```

Pension norms eased for families of deceased staff

Pension norms eased for families of deceased staff

Several govt. employees have died of COVID-19, says Centre

05/06/2021

S. Vijay Kumar CHENNAI

The Union government has written to all Ministries relaxing the norms for disbursing pension to families of deceased employees considering their urgent need of funds for their livelihood.

The authorities have been told to disburse the provisional family pension immediately after receiving the claim with a death certificate.

According to sources in the Railways, the Ministry of Personnel, Public Grievances and Pensions wrote to the Railway Board and Secretaries of all Ministries on Thursday on simplified payment of family pension, death gratuity and other dues to the family on death of a government servant during service saying that the COVID-19 pandemic had claimed the lives of several government employees during the recent surge.

‘Sole bread-winners’

“In many cases, the deceased employees were the sole bread-winners of their families and the casualties have left families devastated and in an urgent need for funds for livelihood. It is, therefore, incumbent on the government to ensure that the family pension and other entitlements in respect of the deceased employees are released to their families expeditiously,” the advisory said.

Family pension

Stating that the completion of the process for sanction of family pension and its disbursement through the bank could take some time, the department cited provisions under Rule 80-A of the Central Civil Service (Pension) Rules, 1972, that provided for payment of provisional family pension and also provisional death gratuity, pending issue of the Pension Payment Order (PPO).

The advisory urged all Ministries to strictly comply with an earlier order calling for sanction of provisional family pension by the Head of Office immediately on receipt of a claim for family pension and death certificate from the eligible family member, without waiting for forwarding of the family pension case to Pay & Accounts Office (PAO).

Rule 80-A provides for payment of provisional death gratuity by the Head of Office once the family pension/death gratuity case has been forwarded to the PAO.

Regular pension

“Simultaneously, action may be taken on priority basis for disbursement of regular family pension through the bank and for payment of other entitlements of the family on death of the government servant. It may be ensured that the PPO for family pension is issued and disbursement of regular family pension is commenced by the bank not later than one month after the receipt of the claim for family pension,” the communication said.

Ready reckoners

To facilitate expeditious disbursement of all the entitlements of the family on death of a government servant, two separate ready reckoners were sent to all Ministries to calculate the pension and other terminal benefits for employees under the Old Pension Scheme and the National Pension System, the sources added.

Now, Mamata’s picture on vaccine certificates

Now, Mamata’s picture on vaccine certificates

They were issued by the Bengal govt.

05/06/2021

Mamata Banerjee

Special correspondent Kolkata

As the vaccination drive picks up in West Bengal, now certificates of COVID-19 vaccination issued by West Bengal Health Department have a photograph of Chief Minister Mamata Banerjee.

The certificates issued by State government’s vaccination on wheels initiative, where a bus has been converted into a mobile vaccination centre, have Ms. Banerjee's photograph.

Along with the picture, the certificate has slogan “Be Alert, Be Safe” in both Bengali and English.

Vaccination certificates have carried photographs of Prime Minister Narendra Modi, which in the past was criticised by Trinamool Congress.

Minister and chairperson of Board of Administrators Kolkata Municipal Corporation Firhad Hakim defended the move saying that there is nothing wrong in having photograph of the head of State on certificate.

Bhatariya Janata Party (BJP) State spokesperson Samik Bhattacharya said that the Trinamool Congress wants to project that the place that our Prime Minister holds in our parliamentary democracy can be replaced by the Chief Minister. The Trinamool Congress and the BJP leadership also sparred over the GST (Goods and Service Tax) on vaccines by the Centre

Meetings to decide on board exams

Meetings to decide on board exams

05/06/2021

Staff Reporter CHENNAI

The Hindu 

A meeting with representatives from all legislative parties will be held on Saturday via video-conferencing to listen to their views about conducting Class 12 exams for State board students in Tamil Nadu, said School Education Minister Anbil Mahesh Poyyamozhi.

“The meeting will be held via video-conferencing from 12 p.m. to 1 p.m., following which a meeting has been scheduled with health experts, including psychologists and psychiatrists. This is to understand what the mental state of students in Tamil Nadu are with regard to the exams,” the Minister said.

“Chief Minister M.K. Stalin is very clear that students should not be at a disadvantage because of the decision, which is why we are seeking views from all sides before a final decision is made,” he said.

Based on the meetings, a report will be given to the Chief Minister and a final decision will be made by him. “For many years now, Class 12 board exam marks have been the basis for students pursuing higher studies and we do not want any of them to face a roadblock because of this. We are also following the decisions being taken by other Sates with regard to the conduct of board exams,” Mr. Poyyamozhi said.

On Friday, he chaired a meeting with Chief Educational Officers and District Educational Officers and spoke to them about feedback from schools, parents, teachers and students in their jurisdictions. “We have got varying reports from different districts,” he said, when asked what the consensus was on conducting board exams.